A Chat with Peter Hack

Stay with me, this is a long post, but today was a big day.

JSBP spent an hour and a half with Peter Hack today.  Dr. Hack is an extremely intelligent man; Hack was a Member of Hungarian Parliament from 1990-2002, was Chairman of the Committee on Constitutional and Judicial Affairs and Chairman of the Judiciary reform Committee of the Hungarian Parliament from 1994-1998, among his other major accomplishments.  Dr. Hack's lecture enlightened us about Hungary's criminal procedure and its justice system. 

           

Peter Hack: man, myth, legend

Part of what made this lecture really informative was that Hack was very aware in highlighting the features of Hungary's procedures and system that are in stark contrast with the American justice system.  In Hungary, the system functions in two major parts: pre-trial and trial.  In the pre-trial stage, information about an alleged crime is reported to the police, and within three days the police can choose to investigate or refuse the case.  From there begins a series of investigation and interviews to uncover evidence relevant facts to move ahead with an indictment. My impression of this stage of the process is that individual rights in Hungary are thus sacrificed for the sake of the case and uncovering the truth.  I was especially shocked to learn that police can search a private home/yard/car without judicial approval (only a law or doctor's office is exempt).  In America, that's a basic right...the Fourth Amendment ensures that we are secure in our homes.  

Another investigative practice (most often used for intellectual and corruption crimes), recently implemented to "increase efficiency," allows the police to hold an individual for 72 hours; the first 48 of those are without legal representation.  Again, I find this to fall under our Fifth Amendment right, or more aptly, a Miranda right.  Based on my limited knowledge, I think that the right to legal representation may be more necessary in Hungary than in the United States because the accused, or the individual, is already at a huge disadvantage when it comes to their absolute rights.  The defendant does not even have the right to know what has been said about him during investigations.  If this was applied to cases in America, the Duke Lacrosse case for example, I think that innocent people would be punished for crimes they did not commit, simply because their defense counsel is at a disadvantage in representing their client without a full understanding of the evidence against them.

Dr. Hack asserted that these proceedings are more relevant in the system than in America because all the material that is collected goes to trial so the judge can fully understand the case.  He also said that 60% of cases are dropped after investigations; 40% of cases that go to the indictment stage are decided without a trial (Dr. Hack's words, and I think he was implying that these cases get settled).  After learning about the trial process, I'm pretty sure that I would avoid going to trial as well.  

The Hungarian justice system puts all the power during trial in the hands of the judge.  The judge has the power to focus on certain points of a case, bring forth witnesses and ask them the questions of his/her choice.  I inquired Dr. Hack about how judges can remain unbiased about cases when they are effectively running the show.  I was disturbed by his answer.  Dr. Hack said that often, judges have an idea about the outcome of a case before it even begins.  In my mind, if this is how the system works, then the trial is almost irrelevant.  For all its flaws, the American justice system makes a veritable effort in striving for fairness.  This system as a whole is a reminder that until relatively recently, Hungary was under communist rule.  Citizen rights are limited while the state seems to be all knowing and all-powerful.  I’m sure that many Hungarians look at this system as an improvement, but they are familiar with a system that completely deprives them of the rights and processes that I take for granted.

Learning about the Hungarian justice system made me extremely proud and appreciative of the American legal processes in place today.  I’m really glad we had this opportunity to learn about the system in Hungary, because I feel like it’s taking advantage of the place we are in.  When we compare foreign legal systems, we can contrast the strengths and weaknesses of each system, enabling us (and making me think that bigwigs in Washington should do more of this) to understand that maybe the American way is not the best way, and showing us that it’s definitely not the only way.  Taking this approach really orients and enhances the learning process, I love being in the thick of it.  I love seeing everything and experiencing it for myself, and meeting important people who really know what they are talking about. 

Every field studies experience only makes me more grateful that I have the opportunity to learn here, and inspires me to really do something with all this knowledge that I believe I’m really grasping.

Still living, still learning!

Evan in post-lecture amazement.

Studious!

...Not so studious (kidding)

Mike writing questions while Ildiko speaks