The Origins of Adversary Criminal Trial

Author: John H. Langbein

Publisher: Oxford University Press on Demand

ISBN: 9780199258888

Category: Law

Page: 354

View: 909

The lawyer-dominated adversary system of criminal trial, which now typifies practice in Anglo-American legal systems, developed in England in the eighteenth century. Using hitherto unexplored sources from London's Old Bailey Court, Professor Langbein shows how and why lawyers were able to capture the trial, and he supplies a path-breaking account of the formation of the law of criminal evidence.
Fighting for Justice

Author: John Hostettler

Publisher: Waterside Press

ISBN: 9781904380290

Category: Law

Page: 176

View: 379

Adversary trial emerged in England only in the 18th century. This book focuses on the birth and meaning of adversary trial and also on the historic central role of the lawyer and advocate Sir William Garrow.
The Bar and the Old Bailey, 1750-1850

Author: Allyson N. May

Publisher: UNC Press Books

ISBN: 9781469625577

Category: Law

Page: 376

View: 936

Allyson May chronicles the history of the English criminal trial and the development of a criminal bar in London between 1750 and 1850. She charts the transformation of the legal process and the evolution of professional standards of conduct for the criminal bar through an examination of the working lives of the Old Bailey barristers of the period. In describing the rise of adversarialism, May uncovers the motivations and interests of prosecutors, defendants, the bench, and the state, as well as the often-maligned "Old Bailey hacks" themselves. Traditionally, the English criminal trial consisted of a relatively unstructured altercation between the victim-prosecutor and the accused, who generally appeared without a lawyer. A criminal bar had emerged in London by the 1780s, and in 1836 the Prisoners' Counsel Act recognized the defendant's right to legal counsel in felony trials and lifted many restrictions on the activities of defense lawyers. May explores the role of barristers before and after the Prisoners' Counsel Act. She also details the careers of individual members of the bar--describing their civil practice in local, customary courts as well as their criminal practice--and the promotion of Old Bailey counsel to the bench of that court. A comprehensive biographical appendix augments this discussion.
Torture and the Law of Proof

Author: John H. Langbein

Publisher: University of Chicago Press

ISBN: 9780226922614

Category: Law

Page: 240

View: 640

In Torture and the Law of Proof John H. Langbein explores the world of the thumbscrew and the rack, engines of torture authorized for investigating crime in European legal systems from medieval times until well into the eighteenth century. Drawing on juristic literature and legal records, Langbein's book, first published in 1977, remains the definitive account of how European legal systems became dependent on the use of torture in their routine criminal procedures, and how they eventually worked themselves free of it. The book has recently taken on an eerie relevance as a consequence of controversial American and British interrogation practices in the Iraq and Afghanistan wars. In a new introduction, Langbein contrasts the "new" law of torture with the older European law and offers some pointed lessons about the difficulty of reconciling coercion with accurate investigation. Embellished with fascinating illustrations of torture devices taken from an eighteenth-century criminal code, this crisply written account will engage all those interested in torture's remarkable grip on European legal history.
Fighting for Justice

Author: John Hostettler

Publisher: Waterside Press

ISBN: 9781906534165

Category: Law

Page: 140

View: 664

Adversary trial emerged in England in the 18th century. Its origins and significance had tended to go unrecognized by judges, lawyers, jurists, and researchers until relatively modern times. Even now, there is considerable dispute as to how and why adversary trial came into existence, and little connection has been made with the fact that its existence contributed to the genesis of a the modern doctrine of human rights, whereby citizens are able to make a stand against the power of the state or vested interest. Fighting for Justice focuses on the birth and meaning of adversary trial, including the key role of Sir William Garrow. The book assesses how deep-rooted is the notion of opposing parties in the common law and the English psyche generally, and that of countries such as the US that have followed the same pattern whereby legal representatives champion the cause of individuals. The book touches on moves through restorative justice around the world, to alter adversarial systems in favor of a less conflict based approach. Because justice and the rule of law are frequently nowadays under attack, Fighting for Justice will be a valuable aid to understanding the contributions that have been made to the overall development of criminal justice and common law systems.
A History of Criminal Justice in England and Wales

Author: John Hostettler

Publisher: Waterside Press

ISBN: 9781906534790

Category: Law

Page: 352

View: 953

"An ideal introduction to the rich history of criminal justice charting all its main developments from the dooms of Anglo-Saxon times to the rise of the Common Law, struggles for political, legislative and judicial ascendency and the formation of the innovative Criminal Justice System of today."-back cover.
On the Administration of the Criminal Code in England, and Spirit of the English Government

Author: Charles Cottu

Publisher: The Lawbook Exchange, Ltd.

ISBN: 9781584773832

Category: History

Page: 152

View: 522

Cottu, [Charles]. On the Administration of the Criminal Code, in England, and the Spirit of the English Government. Translated Exclusively for the Pamphleteer. London: Pam[phleteer], Volume XVI, Number 31, 1820. 152 pp. [With] "M. Cottu, Criminal Law of England," Quarterly Review 1820. 18 pp. Reprint available September 2004 by The Lawbook Exchange, Ltd. LCCN 2003044228. ISBN 1-58477-383-9. Cloth. $90. * Reprint of the first English edition. Cottu [1777?-?] was a counsellor of the Royal Court of Paris and Secretary-General to the Royal Society of Prisons. In 1820 he was sent by his government to observe the English criminal courts. He returned with a vivid description of a system that had changed little since the days of Coke and Pulton. As Langbein describes it, "the whole of the criminal trial was expected to transpire as a lawyer-free contest of amateurs. In cases of felony..., the prosecution was also not represented by counsel. The victim of the crime commonly served as the prosecutor. (In homicide cases, either the victim's kin prosecuted, or the local coroner stood in.) Just as Blackstone summarized the common law on the cusp of its transformation by modern capitalism, Cottu described a system of criminal procedure that was about to be transformed into the system we recognize today. This work was originally published in the periodical The Pamphleteer. It was reissued as a book in 1822 with the title, On the Administration of Criminal Justice in England. Langbein, The Origins of Adversary Criminal Trial 11. (Cottu is noted as one of Langbein's primary sources.) Appended to this work is an 18 p. contemporaneous article reviewing the French edition.
Sir William Garrow

Author: John Hostettler

Publisher: Waterside Press

ISBN: 9781904380696

Category: Biography & Autobiography

Page: 352

View: 142

Sir William Garrow was born in Middlesex, England in 1760. He entered the legal profession and became the dominant figure at Old Bailey - London's Central Criminal Court - from 1783 to 1793. Later on, he was a Member of Parliament, a Solicitor-General, an Attorney-General, and, finally, a judge and a lawmaker within the English Common Law Tradition. Aside from BBC1 TV's prime-time drama series Garrow's Law, the story of Sir William Garrow's unique contribution to the development of English law and Parliamentary affairs is little known by the general public. This book tells the real story of the man behind the drama. Garrow dared to challenge the entrenched legal ways and means. His 'gifts to the world' include altering the relationship between judge and jury (the former had until then dominated over the latter in criminal trials), helping to forge the presumption of innocence, rules of evidence, and ensuring a general right to put forward a defense using a trained lawyer. He gave new m
Crime, Courtrooms and the Public Sphere in Britain, 1700-1850

Author: David Lemmings

Publisher: Routledge

ISBN: 9781317157953

Category: History

Page: 248

View: 286

Modern criminal courts are characteristically the domain of lawyers, with trials conducted in an environment of formality and solemnity, where facts are found and legal rules are impartially applied to administer justice. Recent historical scholarship has shown that in England lawyers only began to appear in ordinary criminal trials during the eighteenth century, however, and earlier trials often took place in an atmosphere of noise and disorder, where the behaviour of the crowd - significant body language, meaningful looks, and audible comment - could influence decisively the decisions of jurors and judges. This collection of essays considers this transition from early scenes of popular participation to the much more orderly and professional legal proceedings typical of the nineteenth century, and links this with another important shift, the mushroom growth of popular news and comment about trials and punishments which occurred from the later seventeenth century. It hypothesizes that the popular participation which had been a feature of courtroom proceedings before the mid-eighteenth century was not stifled by ’lawyerization’, but rather partly relocated to the ’public sphere’ of the press, partly because of some changes connected with the work of the lawyers. Ranging from the early 1700s to the mid-nineteenth century, and taking account of criminal justice proceedings in Scotland, as well as England, the essays consider whether pamphlets, newspapers, ballads and crime fiction provided material for critical perceptions of criminal justice proceedings, or alternatively helped to convey the official ’majesty’ intended to legitimize the law. In so doing the volume opens up fascinating vistas upon the cultural history of Britain’s legal system over the ’long eighteenth century'.