When that happens, nothing has changed except
that the case for your innocence, for your acquittal and the grounds for
the acquittal have been made stronger. Apart from that, proceedings go
on as before, the court offices continue their business and the case
gets passed to higher courts, gets passed back down to the lower courts
and so on, backwards and forwards, sometimes faster, sometimes slower,
to and fro. It's impossible to know exactly what's happening while this
is going on. Seen from outside it can sometimes seem that everything has
been long since forgotten, the documents have been lost and the
acquittal is complete. No-one familiar with the court would believe it.
No documents ever get lost, the court forgets nothing. One day--no-one
expects it--some judge or other picks up the documents and looks more
closely at them, he notices that this particular case is still active,
and orders the defendant's immediate arrest. I've been talking here as
if there's a long delay between apparent acquittal and re-arrest, that
is quite possible and I do know of cases like that, but it's just as
likely that the defendant goes home after he's been acquitted and finds
somebody there waiting to re-arrest him. Then, of course, his life as a
free man is at an end." "And does the trial start over again?" asked K.,
finding it hard to believe. "The trial will always start over again,"
said the painter, "but there is, once again as before, the possibility
of getting an apparent acquittal. Once again, the accused has to muster
all his strength and mustn't give up." The painter said that last phrase
possibly as a result of the impression that K., whose shoulders had
dropped somewhat, gave on him. "But to get a second acquittal," asked
K., as if in anticipation of further revelations by the painter, "is
that not harder to get than the first time?" "As far as that's
concerned," answered the painter, "there's nothing you can say for
certain. You mean, do you, that the second arrest would have an adverse
influence on the judge and the verdict he passes on the defendant.
That's not how it happens. When the acquittal is passed the judges are
already aware that re-arrest is likely. So when it happens it has hardly
any effect. But there are countless other reasons why the judges' mood
and their legal acumen in the case can be altered, and efforts to obtain
the second acquittal must therefore be suited to the new conditions, and
generally just as vigorous as the first." "But this second acquittal
will once again not be final," said K., shaking his head. "Of course
not," said the painter, "the second acquittal is followed by the third
arrest, the third acquittal by the fourth arrest and so on. That's what
is meant by the term apparent acquittal." K. was silent. "You clearly
don't think an apparent acquittal offers much advantage," said the
painter, "perhaps deferment would suit you better. Would you like me to
explain what deferment is about?" K. nodded.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account