Sort of? Depends on who is the subject. 'Kafkaesque' doesn't just mean bureaucracy is bad but that it alienates the individual.
Most defendants would probably expediency more alienation if the likelihood of a death penalty depended on which county tried them. Actually, The Trial itself references circumstances very similar to this.
On the other hand, if there was some super depraved criminal that had a chance of walking free due to bureaucracy, then a individual on the prosecution side could be subject to disillusionment and alienation.
So sure either side can be Kafkaesque but since it's more a one vs many i.e the individual facing society, the defendant's situation is more likely to be the loosing end.
1) You make it seem like the county is arbitrary. But you are almost always tried in the place where the crime took place.
2) If you commit a crime in country A, you will be subject to different punishments than if you commit a crime in country B. This isn't really surprising. If you commit a crime in San Francisco, you probably won't be charged even if caught. If you commit a crime in a conservative city, you probably will. Again, not surprising and not absurd. These are different polities and they have different policies.
3) This has almost nothing to do with a self-propelling absurd bureaucracy and almost everything to do with people in some places voting for district attorneys/state officials who want to pursue the death penalty, as well as some DAs offices not wanting to spend the money and suffer the grief of prosecuting a death penalty case, which can require expensive lawyering for multiple decades in many cases.
This thread is so tiresome. People are salivating over this uninsightful study and making sophomoric faux-insightful comments like it's a college literary criticism class.
Most defendants would probably expediency more alienation if the likelihood of a death penalty depended on which county tried them. Actually, The Trial itself references circumstances very similar to this.
On the other hand, if there was some super depraved criminal that had a chance of walking free due to bureaucracy, then a individual on the prosecution side could be subject to disillusionment and alienation.
So sure either side can be Kafkaesque but since it's more a one vs many i.e the individual facing society, the defendant's situation is more likely to be the loosing end.