Wednesday, February 2, 2011

Court of Low.


This is how the courtroom looks like in modern Russia. It is full of symbolism and implicit assumption foreign to someone raised in Europe or USA:

1. The "defendant" is called the "accused". This is what prosecution does (accuses) as opposed to what the defense does (defends). We already know who has the power to label things in this courtroom.
2. The "accused" sits behind bars, not on a bench. This is of course an implicit presumption of guilt, but also a big symbolic gesture to everyone involved: the "accused belongs behind bars".
3. The jury's bench exactly mirrors that of the accused - on the opposite side of the courtroom, behind the prosecutor. Even before they make their decision their side is chosen for them.
4. The defense and the prosecution face each other, not the judge. His participation is symbolic, the defense is talking directly to the prosecution, which stands between them and the jury. No sound wave will reach the jury not refracted.
5. The witness is the only one facing the judge, unless the witness is in the "witness room" (red). The "accused" has no right to face his accuser, who talks via a microphone with a modified voice, and can see the courtroom on a TV screen. This is called "witness protection".

This is what actually happens in this courtroom:

1. 99 out of 100 "accused" are found guilty.
2. A tiny fraction of all cases are tried with a jury. The jury is often infiltrated by a "special" member. This member has criminal past, and if the verdict is "not guilty" prosecution will use it as an excuse to demand a retrial.
3. If the judge issues too many not guilty sentences he/she is dismissed. Actually it used to be true 5-6 years ago. Now everyone knows the rules of the game.
4. The only sure way not to get convicted is to "convince" the prosecutor to drop the charges. The prosecutor will face no audit over the dropped charges.

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