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Kafka's Law: The Trial and American Criminal Justice

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The Trial is actually closer to reality than fantasy as far as the client's perception of the system. It's supposed to be a fantastic allegory, but it's reality. It's very important that lawyers read it and understand this." Justice Anthony Kennedy famously offered this assessment of the Kafkaesque character of the American criminal justice system in 1993. While Kafka's vision of the "Law" in The Trial appears at first glance to be the antithesis of modern American legal practice, might the...