The Trial: A History from Socrates to O. J. Simpson
In an extraordinary history of the criminal trial, Sadakat Kadri shows with wit, legal insight and a travel writer’s eye for detail, how the irrationality of the past lives on in the legal systems of the present. A bold and brilliant debut from a prize-winning writer.‘The Trial’ spans a vast distance in time, opening in the dread silence of the Egyptian Hall of the Dead and ending with the melodramas and hubbub of the 21st-century trial circus. Reconciliation and vengeance, secrecy and spectacle, superstition and reason all intertwine continually. The book crosses from the marbled courtrooms of Athens through the ordeal pits of Anglo-Saxon England, past the torture chambers of the Inquisition to the judicial theatres of 17th-century Salem, and from 1930s Moscow and post-war Nuremberg to the virtual courtrooms of modern Hollywood.Kadri shows throughout how the trial has always been concerned with doing more than guaranteeing fairness and holding human beings to account for their deliberate crimes. He recounts how insentient and irrational defendants from caterpillars to corpses were once summonsed to court, before being exiled for their failure to attend or sentenced to die again – and argues that the same urge to punish lives on in today's trials of children and the mentally ill. But although Justice’s sword has always been double-edged – as ready to destroy a community’s enemies as to defend its dreams of due process – the judicial contest also operates to enshrine some of the western world’s most cherished values. The show trials of Stalin's Soviet Union were shams, but Guantanamo Bay and Abu Ghraib are a reminder that a lack of a trial is equally unjust, and at a time when our constitutional landscape seems to be melting away, an appreciation of the criminal courtroom’s history is more necessary than ever. As the Labour government launches an almost annual attempt to truncate trial by jury, and as authorities on both sides of the Atlantic are indefinitely detaining people in the name of an endless war on terror, ‘The Trial’ could hardly be more timely.Note that it has not been possible to include the same picture content that appeared in the original print version.
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The Trial
A History from Socrates to O.J. Simpson
Sadakat Kadri
For my mum and dad, with love.
Contents
5 The Trials of Animals, Corpses, and Things
8 The Jury Trial (2): A Theatre of Justice
The Difference Between God and Lawyers
In August 1792, as the French Revolution hurtled towards its years of Terror, Paris was seized by panic. Armies from Prussia and Austria were marching on the capital to restore King Louis XVI to the throne, and radicals had responded by slaughtering several hundred of his Swiss guards and placing the royal household under arrest. To the sound of boots and drums and bells, the capital mobilized, aware that the commander of the invading forces had sworn vengeance on every Parisian if the king’s person was violated. When the Germans reached Verdun, just a hundred miles east, the possibility of a bloodbath became imminent. As fear mounted, the pamphleteers and propagandists of the Revolution identified a threat even closer to home than the Prussians: the thousand or so royalists and clerics who were being held in the municipal jails. ‘You have traitors in your bosom,’ warned Danton. ‘Without them the fight would have been soon over.’ ‘The prisons are full of conspirators,’ thundered the Orateur du peuple. ‘The first battle we shall fight will be inside the walls of Paris.’ The prescription of Marat was most precise of all. ‘The people’s duty,’ he wrote, was to ‘run [the traitors] through with a sword’.
It soon became clear that many Parisians were inclined to agree. As a train of cabs carrying some twenty captive priests inched its way through the seething capital on 2 September, one of the passengers, deluded or desperate, lashed out with a stick. It was a bad move. The man struck by his assault leapt onto the carriage step, thrust a sabre three times through its open door, and raised the glistening blade to the roaring crowd. The passengers in the cab were cut to pieces and at the convoy’s destination, a prison called the Abbaye, a mob broke down the doors and turned pikes and bayonets onto those who had survived. The murders set off a holocaust. Some twelve hundred prisoners were killed over the next four days and nights, despatched inside prisons that echoed with their screams and stacked high on streets and bridges that ran with their blood. It was the deadliest single atrocity in a Revolution that never lacked for violence – but it was distinguished by more than its scale. Almost as soon as it had begun, the Parisian authorities sent an urgent instruction to those carrying it out. The people’s enemies were not to be killed so quickly, it warned. They had to be tried first.
One of those who faced the revolutionary music was army officer François Jourgniac de Saint-Méard, who was taken from his cell in the Abbaye during the early hours of 4 September and led into a darkened chamber. About a dozen men were present. Some stood around in bloody shirts and aprons, machetes hanging from their waists; others dozed on the sidelines. Behind a bench at the far end, his gaunt features illuminated by the smoky flames of two torches, was the tall, dark, and tubercular figure of Stanislas Maillard, a 29-year-old veteran of the storming of the Bastille who had assumed the status of tribunal president. Saint-Méard was detained behind crossed sabres as a soused sansculotte handed up a reference for the 70-year-old man whose trial was reaching its conclusion. Maillard waved it aside. ‘They are useless, these appeals for traitors,’ he grumbled. ‘My hands are washed of it; take [him] away.’ As the old man was dragged to the back of the room, he struggled furiously with his captors. ‘It is frightful!’ he protested. ‘Your judgment is murder!’ Maillard scribbled into his files as the doors were opened onto the street. Men and women outside, skulking like dogs around an abattoir, suddenly galvanized into a pack. It swallowed its prey with a great roar. Maillard continued to leaf through his papers. ‘Another!’ he called.
Saint-Méard’s guards tugged him to the centre of the room. Shadows leapt as defendant and judges peered at each other across a table littered with pipes, inkstands, and half-drained bottles of liquor. Why had he been arrested, demanded Maillard. Saint-Méard replied that he was thought, wrongly, to have edited a royalist newspaper. A single lie, snapped another voice, would mean instant death. If he was innocent, why had he been charged?
He had begun to reply when a priest was suddenly hauled into the room. A stupefied Saint-Méard watched as the cleric was bombarded with a flurry of questions, sentenced to death, and then pulled away, pleading for mercy. The judges invited him to continue. How could they be sure that documents he had handed up were not forgeries? Saint-Méard suggested, very hopefully, that they should adjourn his case while they checked – only to be interrupted again. A jailer, pale with fear, burst into the room to report that a prisoner was clambering up the chimney. Maillard warned grimly that if he made good his getaway, the turnkey would pay with his life. Everyone’s attention switched to the new drama, as pistols were fired up the flue and a heap of straw was lit in the fireplace. Only when the would-be fugitive dropped into the hearth – where, stunned and ablaze, he was beaten to death – did the trial resume. You have told us many times what you were
