@Frank Apisa,
Frank Apisa wrote:For the record...and so that I can better understand your position here...what do you see as the major differences between what we Americans call a "fair trial" and what you Germans do?
It is founded in the different legal system. Here, everyone is entitled to have a "predetermined judge" (
gesetzlicher Richter, literally "lawful judge", or in France/French
droit d'être jugé par son juge naturel).
That is often translated in English as "the right to fair trial".
Article 101 (1,1) of our constitution (
Grundgesetz, "Basic Law") says: "No one may be removed from the jurisdiction of his lawful judge."
Same wording in the "Courts Constitution Act" section 16(
Gerichtsverfassungsgesetz § 16).