One of the most popular episodes was the one where Deed stands up for what he believes to be right even though it goes against popular opinion in the case of a producer of a TV game show after a contestant has died. Before he gives the sentence, he says to the court: “Celebrity. The pursuit of the talentless, by the mindless. It’s become a disease of the 21st century. It pollutes our society, and it diminishes all who seek it, and all who worship it. And you must bear some of the responsibility for foisting this empty nonsense onto a gullible public…”Unlike the Turkish law system, the American law system is based on the English common law system. The jury determines what the facts are in a particular case; however, in a bench trail -- a trial without a jury -- the judge determines both the facts and what the law is. In the US, laws are made at the federal and state levels, and laws adopted by legislative bodies -- Congress and state legislatures -- are called “statutes.” The courts enforce statutes and interpret them. They also invalidate unconstitutional statutes and make laws in areas not covered by statutes. The courts’ main role is to enforce, interpret, invalidate and make laws. Juries also have much power and authority as they decide the issues of law under which the defendant is charged as well as the facts. Juries provide a system of checks and balances, and the jury can be the final check against unjust law and tyranny.
In Turkey, the basics of the legal system are laid out in Articles 138 to 160 of the 1982 Constitution. Civilian and military jurisdiction is separated. Depending on the situation, military courts usually only try military personnel; however, they can also try civilians in times of martial law and in matters concerning military service.
The Turkish newspapers have been focusing on the recent debates over the judiciary’s authority and it exercising its muscles, so to speak. Turkish television talk shows are debating if the judicial system needs to be reformed. Arguments are being aired on the radio.
The Turkish court system does not include the concept of a jury. Verdicts are reached by judges or a panel of judges who have to base their verdicts on the law and their conviction.
I have only been in a Turkish court twice because of a dispute with a landlord. I strongly believe if you can settle out of court, you are much better off. But that is not always possible.
Having not had this experience, I may not have ever known which collar color signified which type of judge you were before. For example, a criminal judge wears a red collar, a civil judge wears a green collar and an administrative judge wears a light brown collar.
Let me chase a rabbit here briefly and just ask you if you are an expat who speaks Turkish and has had the occasion to go to court -- maybe to the red collar judge, the first judge, who serves at a penal court, you would have heard words such as: courts (mahkemeler), high criminal court (ağır ceza), court of first instance (asliye ceza) and criminal court of peace (sulh ceza). The green collar judges serve at civil courts (sulh or asliye hukuk mahkemeleri), and the brown collar judges serve in administrative courts (idari mahkemeler).
Did you notice that many of the words you are now hearing were ones not in your vocabulary? It seems that many of the judiciary words come from Ottoman Turkish. Then you have the Supreme Board of Judges and Prosecutors (Hâkimler ve Savcılar Yüksek Kurulu) ...
Back to my main point, which is that no nation is perfect. Every individual can make a difference.
From the first time I saw “Judge John Deed,” I knew it’s like nothing else I’d ever seen before. Great script, great actors, what more do you need? I just wish it were real in every nation’s judicial system.
Note: Charlotte McPherson is the author of “Culture Smart: Turkey, 2005.” Please keep your questions and observations coming: I want to ensure this column is a help to you, Today’s Zaman’s readers. Email: c.mcpherson@todayszaman.com
