Off With His Head: Not Good Law
For all its flaws that arise in practice, and for all the valid criticism that can be wielded against it, the judicial system currently in place in America is one that—at least theoretically—places a premium on two fundamental ideas: (1) individuals are innocent unless proven otherwise, and (2) everyone, regardless of who he or she is, is entitled to this presumption.
These principles aren’t sufficient for a fair and balanced judicial system, but they sure are necessary.
This week, I visited the Conciergerie in Paris, which is a pretty grim building in France’s judicial history. It was a royal palace until, during the French Revolution, it became a prison where hundreds of people were housed before being carted off to the guillotine to be executed. Marie Antoinette was among them. The Revolutionary Tribunal also sat for a time in the building, which is jarringly small considering all that happened there.
Who ended up in the Conciergerie? Enemies of the Revolution—as in, anyone suspected of being one. A law passed solely for revolutionary purposes (aptly named the Law of Suspects) ordered the arrest of anyone presumed to guilty of the charge. Once you were awaiting trial, prospects were just as bleak. Collective trials sentenced people to beheadings by the tens each day. Here is the “Corner of the Twelve” also known as the “Corner of the Last Goodbyes,” a part of the main courtyard where prisoners waited in groups of twelve to be taken to the scaffold:
“Corner of the Twelve” also known as the “Corner of the Last Goodbyes,” a part of the main courtyard where prisoners waited in groups of twelve to be taken to the scaffold
No wonder this period is known as the Reign of Terror. A perhaps not very profound but nonetheless powerful idea struck me as I stood in the former tribunal. Contemplating the sloppy, inhumane application of justice that had sentenced people to death not so long ago, and rooms where similarly sloppy and unfair processes continue today, I thought: law can be a very good thing.
To all of you future lawyers, here’s a tip. When you start practicing, I wouldn’t practice during the French Revolution. It’s pretty chaotic over there.