The Origins of Adversary Criminal Trial

Author: John H. Langbein

Publisher: Oxford University Press on Demand

ISBN: 9780199258888

Category: Law

Page: 378

View: 888

The lawyer-dominated adversary system of criminal trial, which now typifies practice in Anglo-American legal systems, was developed in England in the 18th century. This text shows how and why lawyers were able to capture the trial.
Fighting for Justice

Author: John Hostettler

Publisher: Waterside Press

ISBN: 9781904380290

Category: Law

Page: 176

View: 667

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: 101

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.
Fighting for Justice

Author: John Hostettler

Publisher: Waterside Press

ISBN: 9781906534165

Category: Law

Page: 140

View: 960

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.
Sir William Garrow

Author: John Hostettler

Publisher: Waterside Press

ISBN: 9781904380696

Category: Biography & Autobiography

Page: 352

View: 297

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
A History of Criminal Justice in England and Wales

Author: John Hostettler

Publisher: Waterside Press

ISBN: 9781906534790

Category: Law

Page: 352

View: 238

"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.
Famous Cases

Author: Brian P. Block

Publisher: Waterside Press

ISBN: 9781872870342

Category: Law

Page: 136

View: 691

A collection of some of the most famous cases in English law - with an explantion of how they changed things - by two leading commentators. Every UK lawyer knows of Woolmington v. Director of Public Prosecutions, the ruling which established the ëgolden thread of English lawí whereby the burden of proof lies with the prosecutor in a criminal trial, even in the case of murder. But who was ëWoolmingtoní and how many people know that he escaped the death penalty at the eleventh hour, or that he was twice tried for murder? ëLords give man back his lifeí as the Western Gazette put it. Likewise, in the civil law, how and why did a Mrs. Donoghue come to be drinking a bottle of ginger beer containing the remnants of a snail, an event which would ultimately determine ñ at the highest level - that ëthe categories of negligence are never closedí? And how did the tranquil market town of Wednesbury come to be legal shorthand for ëunreasonablenessí. In Famous Cases: Nine Trials that Changed the Law the authors have painstakingly assembled the background to a selection of leading cases in English law. From the Mareva case (synonymous with a type of injunction) to Lord Denningís classic ruling in the High Trees House case (the turning point for equitable estoppel) to that of the former Chilean head of state General Pinochet (in which the House of Lords heard the facts a second time) the authors offer a refreshing perspective to whet the appetite of every law student, general reader or seasoned practitioner interested in how English law evolves.
Crime, Courtrooms and the Public Sphere in Britain, 1700-1850

Author: David Lemmings

Publisher: Routledge

ISBN: 9781317157953

Category: History

Page: 248

View: 523

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'.
John Gay's The Beggar's Opera, 1728-2004

Author: Uwe Böker

Publisher: Rodopi

ISBN: 9789042021136

Category: Literary Criticism

Page: 347

View: 979

When Richard Steele remarked that the greatest Evils in human Society are such as no Law can come at, he was not able to forsee the spectacular success of John Gay's satire of society, the administration of law and crime, politics, the Italian opera and other topics. Gay's The Beggar's Opera, with its mixture of witty dialogue and popular songs, was imitated by 18th century writers, criticized by those on the seats of power, but remained a favourite of the English theatre public ever since. With N. Playfair's 1920 revival and B. Brecht's and K. Weill's 1928 Dreigroschenoper, Gay's play has been a starting-point for dramatists such as V. Havel (Zebrácká opera, 1975), W. Soyinka (Opera Wonyosi, 1977), Ch. Buarque (Ópera do Malandro, 1978), D. Fo (L'opera dello sghignazzo, 1981), A. Ayckbourn (A Chorus of Disapproval, 1984), as well as others such as Latouche, Hacks, Fassbinder, Dear, Wasserman, and Lepage.Apart from contributions by international scholars analysing the above-named plays, the editors' introduction covers other dramatists that have payed hommage to Gay. This interdisciplinary collection of essays is of particular interest for scholars working in the field of drama/theatre studies, the eighteenth century, contemporary drama, postcolonial studies, and politics and the stage.
Criminal Discovery

Author: Cosmas Moisidis

Publisher: Institute of Criminology

ISBN: 0975196774

Category: Criminal investigation

Page: 302

View: 621

In Criminal Discovery: From Truth to Proof and Back Again, author Cosmas Moisidis examines aspects of pre-trial stages such as police interrogations, preliminary hearings and discovery between the prosecution and the defence, addressing contentious issues such as the right to silence and the privilege against self-incrimination. These issues give rise to strong, emotive and polarised differences of opinion. Criminal discovery is an area in which views are entrenched and passions run high. Criminal Discovery: From Truth to Proof and Back Again seeks to inform the current debate through a detailed analysis of the history, theory and practice of criminal discovery. Historical and jurisprudential matters which are not commonly known are here brought to light. The approach is holistic and comparative, examining the issues in detail with reference to the jurisdictions of the United Kingdom, United States, particularly California, and Australia. It concludes with recommendations to guide the future, putting forward a reciprocal criminal discovery model which, it is argued, will enhance the truth seeking potential of the adversarial criminal trial.