John H Langbein

The Origins of Adversary Criminal Trial

• Gebundenes Buch

Produktbeschreibung

The adversary system of trial, the defining feature of the Anglo-American criminal procedure developed late in English legal history. For centuries, defendants were forbidden to have counsel, and lawyers seldom appeared for the prosecution either. Trial was meant to be an occasion for the defendant to answer the charges in person. The transformation from lawyer-free to lawyer-dominated criminal trial happened within the space of about a century, from the 1690s to the 1780s. This book explains how the lawyers captured the trial. In addition to conventional legal sources, Langbein draws upon a rich vein of contemporary pamphlet accounts about trials in London's Old Bailey. The book also mines these novel sources to provide the first detailed account of the formation of the law of criminal evidence.

---

Hinweis: Dieser Artikel kann nur an eine deutsche Lieferadresse ausgeliefert werden.

Produktdetails

• Verlag: Hurst & Co.
• Seitenzahl: 376
• Erscheinungstermin: 27. März 2003
• Englisch
• Abmessung: 241mm x 164mm x 25mm
• Gewicht: 667g
• ISBN-13: 9780199258888
• ISBN-10: 0199258880
• Artikelnr.: 22004309

Autorenporträt

John Langbein is Sterling Professor of Law and Legal History at Yale Law School. He teaches and writes in four fields: trust and estate law, pension and employee benefit law, Anglo-American and European legal history, and modern comparative law.

Inhaltsangabe

Introduction
1: The Lawyer-Free Criminal Trial
The Altercation
The Rapidity of Trial
The Rule Against Defence Counsel
The Marian Pretrial
The 'Accused Speaks' Trial
The Plight of the Accused
2: The Treason Trials Act of 1696: The Advent of Defense Counsel
The Treason Trials of the Later Stuarts
The Critque of the Trials
The Provisions of the Act
The Restriction to Treason
Of Aristocrats and Paupers: Treason's Legacy for Adversary Criminal Justice
3: The Prosecutorial Origins of Defence Counsel
Prosecution Lawyers
Prosecution Perjury
Making Forgery Felony
Evening Up: Defense Counsel Enters the Felony Trial
4: The Law of Criminal Evidence
The View From the Sessions Papers
The Character Rule
The Corroboraion Rule
The Confession Rule
Unfinished Business: The Hearsay Rule
Groping for the Lever: Excluding Evidence
5: From Altercation to Adversary Trial
Latency
Silencing the Accused
Prosecution Counsel
Defense Counsel
Judicial Acquiescence
Jury Trial
The Truth Deficit