Chicago Seven

The Trial of the Chicago Seven (1969–1970): This trial of anti-Vietnam War protesters was notable for its highly public, contentious hearings, with defendants, prosecutors, and witnesses confronting each other in court. The proceedings were widely covered and became a symbol of open, adversarial justice in the U.S..

Salem Witch Trials

The Salem Witch Trials (1692–1693): Over 200 people were accused of witchcraft in Salem, Massachusetts, and brought before magistrates in public hearings. Accused individuals had to defend themselves directly against the charges, often in front of their accusers and the community. This event exemplifies the American tradition of confronting one’s accusers and making a public defense.

direct defense and rebuttal

Landmark Supreme Court Cases: The U.S. legal system, as seen in landmark cases like Marbury v. Madison and Dred Scott v. Sandford, is built on the principle that all parties must be heard in open court, with opportunities for direct defense and rebuttal.

adversarial process

The Use of Witness Testimony in Criminal Trials. The American legal system is built on the adversarial process, where both objective evidence (documents, physical evidence) and subjective witness testimony are presented and cross-examined. The right to confront witnesses (as discussed in Crawford v. Washington) ensures that subjective accounts are scrutinized alongside factual evidence before a judge or jury decides the outcome.

reserved procedural exchange

Der Fall Collini (The Collini Case, 2019): Based on a novel by Ferdinand von Schirach, this legal drama features courtroom scenes but places greater weight on private investigation, legal argumentation, and reserved procedural exchanges, rather than direct, heated confrontation between parties.

caucuses

Separate Interviews and Flexibility: Mediation sessions in Germany can involve joint meetings but also frequently include separate discussions (so-called “caucuses”) with each party. This allows the mediator to address sensitive issues privately, minimize escalation, and help parties express concerns without direct confrontation. The process is tailored to the needs of the parties, and mediators are trained to manage dynamics that could increase tension if parties were forced into direct, head-to-head exchanges.

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