On Wednesday the group and I had the privilege to have a meeting with Peter Hack, a prominent member of the Hungarian legal system. The purpose of our meeting was to learn the basics of how the Hungarian legal system operates, and draw from the differences and similarities between the system here and the one back home. Mr. Hack was a member of Parliament from 1990-2002, and served four years as the Chairman on the Committee of Constitutional and Judicial Affairs. Needless to say he had a wealth of knowledge of the Hungarian system, but what was surprising to me was how much he knew about the American system. As he took us through his presentation and explained to us the ins and outs of Hungarian law, he made many references about specific aspects of the American system to help give us something to relate to. I have a gut feeling if we asked the average American lawyer to describe Hungary’s system, they may plead the fifth!
In Hungary they have gavels, but they are of finer quality than America.
Hack explained to us that the legal/political system of Hungary is parliamentary, which is pretty standard all across Europe. When comparing the two legal systems there are lots of similarities, but there are also some glaring differences. One difference that I found particularly interesting was that in Hungary the police can hold a suspect for 72 hours without having judge permission, and the suspect cannot contact a lawyer during the first 48 hours. If this happened in America the case would be thrown out and the policeman would be seeking new employment. Another glaring difference was the different trial procedures they practice. In Hungary, the judge does not sit back and “umpire’ the trial while two lawyers duke it out in front of a jury of one’s peers. Rather the judge plays a central role in the questioning of both the prosecution and the defense, and he or she is responsible for the final outcome of the case. As far as the rights of the accused and the responsibility of the prosecution to withhold the rule of law, it is still very similar to the Hungarian system.
Anytime one has the chance to talk to someone who is extremely knowledgeable in their field it can be a very informational experience. Although talking to a man who looks the guy from monopoly for two hours about law isn’t always the most exciting thing in the world, the meeting was truly an interesting experience. He was extremely candid with us, and he was not afraid to tell us if he disagreed with any aspects of the Hungarian system. We all had a good time, and I think he left with a positive review of American students!
Since Hungary's legal system is efficient/effective, one better not break the law when visiting Budapest.
Alex! Great post. I'm with you--I think Dr. Hack did a great job explaining the differences between the U.S. and the Hungarian legal systems. Unfortunately, I wish we could have had more of his time because I would have liked to hear more of his personal views regarding what he thinks "works". It's not often that we have the opportunity to listen to a highly esteemed member of the legal system and I think even a half hour more of questions would have revealed even more interesting things contrasting the U.S. and Hungarian systems.
ReplyDeleteSo, great post, nice incorporation of The Clash video, and hope you had a great time in Vienna!
Oh, P.S. == I was also surprised to hear that the police can hold a suspect for 48 hours before they can speak with a lawyer. What!? That seems so so soo far away from how the U.S. rolls...but Dr. Hack seemed to think that it was an effective practice in the Hungarian system. It was cool to hear about, but I'm still surprised. Okay, that's all, have a good day!
Alex,
ReplyDeleteVery nice post my friend. I truly enjoyed the fact that you added the comparison of Hungarian and American gavels. There is absolutely no question that Hungarian gavels are made to meet a higher standard in terms of overall equilibrium and wood quality. People need to know this.
However, it is quite clear that Hungarian judges may possess a little too much power in regards to courtroom decision making and general legal procedure. I found it interesting how candidly Dr. Hack was with us when comparing the efficiency and effectiveness of our legal system to his own. Judges in the US seem to have a much more minimal role in the courtroom than Hungarian judges do. Is this possibly due to the differences in gavels?
We may never know,
Tito
Alex,
ReplyDeleteGreat post. I can't believe that the police can hold a suspect for up to 72 hours without a judge's approval. I understand it is in the effort to keep lawyers from slowing the process down, but if I was locked up for 72 hours without any rights I would go crazy. I'm not sure if I follow Hungary's logic here. Based on that picture, it sure seems that the gavels are nice, but I think the American system is a far better system... So the gavels in America are surely made of the finest Walnut in the land.
Meeting Mr. Hack was a good experience for us, it was great being able to see a country's a difference legal perspective.