How The Violation Of Jeff's 8th Amendment Changed Throughout The Novel

The Trial by Franz Kafka is a book that clearly demonstrates the effects of dictatorship upon freedoms permitted in most democracies today. Throughout the novel Josef K. undergoes a number of violations of basic principles of law. The 4th and 6th Amendments are the first to be violated when he is arrested and the guards have no reason for doing so. In the conclusion of the novel Josef’s 8th Amendment is also violated when he is executed. There is an overuse of power in the novel by anyone who hold the least bit of authority. These rights guarantee a free and democratic society because they are what the Constitution favors which is equal rights, freedom of speech, and a fair trial. Boundaries are set for authority figures and minorities as well, which keeps everyone in line and on track with what they should do. The fourth Amendment guarantees a person their
right to be secure from search and seizures without probable cause. In The Trial Miss Burstner says, “Someone must have been telling lies about Josef K., he knew he had done nothing wrong but, one morning, he was arrested” (Kafka 1). Miss Burstner noticed that Josef had done nothing wrong but was arrested that is clear violation of his fourth Amendment. This Constitutional issue is important because it is what places the dignity and freedom of people onto the hands of any figure with authority. As a member of society a person understands that search and seizures are required at times but there are also steps toward taking those actions. Papers need to be filed, there needs to be a clear motive, but the one thing that needs to be held is a warrant under any circumstance. Josef K. was denied his 6th Amendment right because he was not informed of the cause for his arrest. When he was taken from his home the men who took him gave him no explanation as to why he was being arrested this situation happened a number of times throughout the novel. In today’s democratic society this cannot happen a person must be told the reason for their arrest and their Miranda Rights must be said to them. This allows the person being accused of a crime to have some type of knowledge towards what is happening. It also allows someone to prepare themselves and to know what their next move will be. There was never a clear statement of any witnesses on Josef’s case because there was no case. Without having the information that he needed for his case he also couldn’t get any witnesses to be in his favor. In the ending of The Trial Josef is executed and is still given no indication of what crime he had been accused of which violates the 8th Amendment.
The eighth Amendment states that no cruel or unusual punishment can be inflicted on a person. Josef was executed without being given a fair trial, with sufficient evidence to prove that he had committed a crime. He was executed in an unfairly matter that deprived him from his rights as a citizen and also his dignity when he was stabbed in the heart, which is part of his freedom. “Like a dog!" he said, it was as if the shame of it should outlive him” (Kafka 152). His last words were devastating because although he was a man that was arrogant he still had his rights and to believe that he had to die like that deprived him of all that he could yet still be. The 8th Amendment is especially is important because it can make or break any conclusion of any trial. Sentencing as it is can be difficult but when someone is wrongfully imprisoned or executed, well that is the worst and that is exactly what happened with Josef even though he never actually had a “real”
trial. A Democratic society favors freedom of speech, a fair trial, and equal rights. The 4th, 6th and 8th Amendment rights all guarantee a free and democratic society because they each set boundaries for authority figures and for minorities. Each Amendment explains a different right that cannot be violated. A person that has authority must always know that even though they may have more power it does not mean that they cannot be in the same situation as a minority. The Constitutional rights that were violated in the novel are present in today's society but are not violated the same way. A person is guaranteed all of of their rights no matter how heinous the crime may be. In today’s society not only are these Constitutional rights handed out but they are also very well enforced, a person could have gone a murder spree but would still be treated like any other person with a minor infraction the only difference would be the charges put up against them. The security of democracy is made day in and day out. As the public that makes the society we choose who is to represent us so we choose our freedom and even if someone doesn’t vote that is also a decision because they are letting others decide for them. The entire point of a free Democratic society is to be respectful and fair to those that make up a civil society. I would have to say yes the Constitutional rights are most definitely guaranteed in today’s America. The security of democracy in the novel is not set straight, but The Trial was fictional while in reality today society in America is actually set straight when it comes down to the legal system and law principles.