HOME

TheInfoList



OR:

A kangaroo court is a court that ignores recognized standards of law or justice, carries little or no official standing in the territory within which it resides, and is typically convened
ad hoc Ad hoc is a Latin phrase meaning literally 'to this'. In English, it typically signifies a solution for a specific purpose, problem, or task rather than a generalized solution adaptable to collateral instances. (Compare with ''a priori''.) Com ...
. A kangaroo court may ignore
due process Due process of law is application by state of all legal rules and principles pertaining to the case so all legal rights that are owed to the person are respected. Due process balances the power of law of the land and protects the individual per ...
and come to a predetermined conclusion. The term may also apply to a court held by a legitimate judicial authority which intentionally disregards the court's legal or ethical obligations (compare
show trial A show trial is a public trial in which the judicial authorities have already determined the guilt or innocence of the defendant. The actual trial has as its only goal the presentation of both the accusation and the verdict to the public so ...
). A kangaroo court could also develop when the structure and operation of the forum result in an inferior brand of adjudication. A common example of this is when institutional disputants ("repeat players") have excessive and unfair structural advantages over individual disputants ("one-shot players").


Etymology

The term ''kangaroo court'' is often erroneously believed to have its origin from the courts of Australia's penal colonies. The ''
Oxford English Dictionary The ''Oxford English Dictionary'' (''OED'') is the first and foundational historical dictionary of the English language, published by Oxford University Press (OUP). It traces the historical development of the English language, providing a c ...
'' cites the first published instance of the term as from an American source, ''A Stray Yankee in Texas'' by Philip Paxton, published in 1853. There are, however, earlier instances of the term, including an 1841 article in ''The Daily Picayune'',
New Orleans New Orleans ( , ,New Orleans
, that quotes another publication, the ''Concordia Intelligencer'', reporting several
lynchings Lynching is an extrajudicial killing by a group. It is most often used to characterize informal public executions by a mob in order to punish an alleged transgressor, punish a convicted transgressor, or intimidate people. It can also be an ex ...
instituted "on charges of the Kangaroo court". The ''Picayune'' article also asks "What is a ''kangaroo court''?" Some sources suggest that it may have been popularized during the
California Gold Rush The California Gold Rush (1848–1855) was a gold rush that began on January 24, 1848, when gold was found by James W. Marshall at Sutter's Mill in Coloma, California. The news of gold brought approximately 300,000 people to California f ...
of 1849 to which many thousands of Australians flocked. In consequence of the Australian miners' presence, it may have come about as a description of the hastily carried-out proceedings used to deal with the issue of claim-jumping miners. Ostensibly, the term comes from the notion of justice proceeding "by leaps", like a
kangaroo Kangaroos are four marsupials from the family Macropodidae (macropods, meaning "large foot"). In common use the term is used to describe the largest species from this family, the red kangaroo, as well as the antilopine kangaroo, eastern ...
– in other words, "jumping over" (intentionally ignoring) evidence that would be in favour of the defendant. An alternative theory is that as these courts are often convened quickly to deal with an immediate issue, they are called kangaroo courts since they have "jumped up" out of nowhere, like a kangaroo. Another possibility is that the phrase could refer to the pouch of a kangaroo, meaning the court is in someone's pocket. Etymologist Philologos argues that the term arose "because a place named ''Kangaroo'' sounded comical to its hearers, just as place names like ''Kalamazoo'', and ''Booger Hole'', and ''Okefenokee Swamp'', strike us as comical." The phrase is popular in the
Anglosphere The Anglosphere is a group of English-speaking nations that share historical and cultural ties with England, and which today maintain close political, diplomatic and military co-operation. While the nations included in different sources vary, t ...
and is still in common use.


As informal proceedings in sport

The term is sometimes used without any negative connotation. For example, many
Major League Baseball Major League Baseball (MLB) is a professional baseball organization and the oldest major professional sports league in the world. MLB is composed of 30 total teams, divided equally between the National League (NL) and the American League (A ...
and Minor League Baseball teams have a kangaroo court to punish players for
errors An error (from the Latin ''error'', meaning "wandering") is an action which is inaccurate or incorrect. In some usages, an error is synonymous with a mistake. The etymology derives from the Latin term 'errare', meaning 'to stray'. In statistics ...
and other mistakes on the field, as well as for being late for a game or practice, not wearing proper attire to road games, or having a messy locker in the clubhouse. Fines are allotted, and at the end of the year, the money collected is given to charity. The organization may also use the money for a team party at the end of the season.


Historical examples

Some examples of adjudication venues described as kangaroo courts are: *
Moscow trials The Moscow trials were a series of show trials held by the Soviet Union between 1936 and 1938 at the instigation of Joseph Stalin. They were nominally directed against " Trotskyists" and members of " Right Opposition" of the Communist Party o ...
, a series of show trials held by the
Soviet Union The Soviet Union,. officially the Union of Soviet Socialist Republics. (USSR),. was a transcontinental country that spanned much of Eurasia from 1922 to 1991. A flagship communist state, it was nominally a federal union of fifteen nationa ...
in 1936–1938 against prominent long-time leaders of Soviet
Bolsheviks The Bolsheviks (russian: Большевики́, from большинство́ ''bol'shinstvó'', 'majority'),; derived from ''bol'shinstvó'' (большинство́), "majority", literally meaning "one of the majority". also known in English ...
such as
Grigory Zinoviev Grigory Yevseyevich Zinoviev, . Transliterated ''Grigorii Evseevich Zinov'ev'' according to the Library of Congress system. (born Hirsch Apfelbaum, – 25 August 1936), known also under the name Ovsei-Gershon Aronovich Radomyslsky (russian: Ов ...
,
Lev Kamenev Lev Borisovich Kamenev. (''né'' Rozenfeld; – 25 August 1936) was a Bolshevik revolutionary and a prominent Soviet politician. Born in Moscow to parents who were both involved in revolutionary politics, Kamenev attended Imperial Moscow Uni ...
,
Nikolai Bukharin Nikolai Ivanovich Bukharin (russian: Никола́й Ива́нович Буха́рин) ( – 15 March 1938) was a Bolshevik revolutionary, Soviet politician, Marxist philosopher and economist and prolific author on revolutionary theory. ...
,
Alexei Rykov Alexei Ivanovich Rykov (25 February 188115 March 1938) was a Russian Bolshevik revolutionary and a Soviet politician and statesman, most prominent as premier of Russia and the Soviet Union from 1924 to 1929 and 1924 to 1930 respectively. He was ...
,
Karl Radek Karl Berngardovich Radek (russian: Карл Бернгардович Радек; 31 October 1885 – 19 May 1939) was a Russian revolutionary and a Marxist active in the Polish and German social democratic movements before World War I and a ...
, Georgy Pyatakov, etc. Verdicts of Moscow trials were pre-defined by
Joseph Stalin Joseph Vissarionovich Stalin (born Ioseb Besarionis dze Jughashvili; – 5 March 1953) was a Georgian revolutionary and Soviet Union, Soviet political leader who led the Soviet Union from 1924 until his death in 1953. He held power as Ge ...
and specified by decrees of Politburo CPSU. * The ''Volksgerichtshof'' (People's Court) of
Nazi Germany Nazi Germany (lit. "National Socialist State"), ' (lit. "Nazi State") for short; also ' (lit. "National Socialist Germany") (officially known as the German Reich from 1933 until 1943, and the Greater German Reich from 1943 to 1945) was ...
that convicted people who were suspected of being involved with the failed plot to assassinate Hitler on July 20, 1944. * In 1835, a so-called "
vigilance committee A vigilance committee was a group formed of private citizens to administer law and order or exercise power through violence in places where they considered governmental structures or actions inadequate. A form of vigilantism and often a more stru ...
" in
Nashville, Tennessee Nashville is the capital city of the U.S. state of Tennessee and the seat of Davidson County. With a population of 689,447 at the 2020 U.S. census, Nashville is the most populous city in the state, 21st most-populous city in the U.S., and ...
, United States, ran a show but legally meaningless trial, by which they convicted
abolitionist Abolitionism, or the abolitionist movement, is the movement to end slavery. In Western Europe and the Americas, abolitionism was a historic movement that sought to end the Atlantic slave trade and liberate the enslaved people. The British ...
minister Amos Dresser of distribution of abolitionist publications; he repeatedly claimed innocence. He was publicly whipped 20 lashes, after which he left Tennessee as soon as he could do so safely. * In August 1979, the People's Revolutionary Tribunal, in
Cambodia Cambodia (; also Kampuchea ; km, កម្ពុជា, UNGEGN: ), officially the Kingdom of Cambodia, is a country located in the southern portion of the Indochinese Peninsula in Southeast Asia, spanning an area of , bordered by Thailand ...
, tried
Pol Pot Pol Pot; (born Saloth Sâr;; 19 May 1925 – 15 April 1998) was a Cambodian revolutionary, dictator, and politician who ruled Cambodia as Prime Minister of Democratic Kampuchea between 1976 and 1979. Ideologically a Marxist–Leninist ...
and his brother Ieng San. After a lengthy trial with a duration of five days, both were sentenced to death '' in absentia'' on 19 August 1979. Conclusive evidence showed that the verdicts and the sentencing papers had been prepared in advance of the trial. Relying on this evidence, the United Nations proceeded to de-legitimize the tribunal, stating that it did not comply with standards of international law. * During the
Romanian Revolution The Romanian Revolution ( ro, Revoluția Română), also known as the Christmas Revolution ( ro, Revoluția de Crăciun), was a period of violent civil unrest in Romania during December 1989 as a part of the Revolutions of 1989 that occurred ...
in 1989,
President President most commonly refers to: *President (corporate title) * President (education), a leader of a college or university * President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ...
and Communist Party General Secretary
Nicolae Ceaușescu Nicolae Ceaușescu ( , ;  – 25 December 1989) was a Romanian communist politician and dictator. He was the general secretary of the Romanian Communist Party from 1965 to 1989, and the second and last Communist leader of Romania. He ...
and his wife
Elena Ceausescu Elena may refer to: People * Elena (given name), including a list of people and characters with this name * Joan Ignasi Elena (born 1968), Catalan politician * Francine Elena (born 1986), British poet Geography * Elena (town), a town in Velik ...
were
sentenced to death Capital punishment, also known as the death penalty, is the state-sanctioned practice of deliberately killing a person as a punishment for an actual or supposed crime, usually following an authorized, rule-governed process to conclude that t ...
by a kangaroo court consisting of members of the military: Two military judges, two colonels, and three other officers of lesser ranks. The prosecutor was Dan Voinea; two lawyers represented the defendant. All the members of the court were part of the Romanian People's Army, which had recently switched to the side of the revolutionaries. * In July 1987, five individuals (most prominently Anatoly Dyatlov,
Viktor Bryukhanov Viktor Petrovich Bryukhanov ( uk, Віктор Петрович Брюханов, russian: Виктор Петрович Брюханов; 1 December 1935 – 12 October 2021) was the manager of construction of the Chernobyl Nuclear Power Plant ...
, and
Nikolai Fomin Nikolai Maximovich Fomin (, ; born 1937 in Novoekonomichne, Donetsk Oblast, Ukrainian SSR) is a Ukrainian engineer. He was the chief engineer of the Chernobyl Nuclear Power Plant from 1981 until the Chernobyl nuclear disaster in 1986. Galina Tr ...
) implicated in the 1986
Chernobyl disaster The Chernobyl disaster was a nuclear accident that occurred on 26 April 1986 at the No. 4 reactor in the Chernobyl Nuclear Power Plant, near the city of Pripyat in the north of the Ukrainian SSR in the Soviet Union. It is one of only two n ...
were put on trial in what was widely recognized as a show trial with pre-determined verdicts.Plokhy, S. (2020). Chernobyl: The History of a Nuclear Catastrophe. Basic Books. Despite strong evidence that serious design flaws in the Soviet RBMK nuclear reactor were largely to blame for the accident, all defendants were sentenced to hard labor in Soviet labor camps.


See also

* * * * * * * * * * * *


References


Further reading

* 288 pages.


External links


The Straight Dope: What's the origin of "kangaroo court"?
{{DEFAULTSORT:Kangaroo Court Abuse of the legal system Courts by type Metaphors referring to animals Pejorative terms Informal legal terminology Types of trials Vigilantism