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Books > History > World history > 1750 to 1900
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The Origins of Adversary Criminal Trial (Paperback)
Loot Price: R2,076
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The Origins of Adversary Criminal Trial (Paperback)
Series: Oxford Studies in Modern Legal History
Expected to ship within 12 - 19 working days
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The adversary system of trial, the defining feature of the
Anglo-American legal procedure, developed late in English legal
history. For centuries defendants were forbidden to have legal
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 1690's to the 1780's. This book explains how
the lawyers captured the trial. In addition to conventional legal
sources, Professor 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.
Responding to menacing prosecutorial initiatives (including
reward-seeking thieftakers and crown witnesses induced to testify
in order to save their own necks) the judges of the 1730's decided
to allow the defendant to have counsel to cross-examine accusing
witnesses. By restricting counsel to the work of examining and
cross-examining witnesses, the judges intended that the accused
would still need to respond in person to the charges against him.
Professor Langbein shows how counsel manipulated the dynamics of
adversary procedure to defeat the judges design, ultimately
silencing the accused and transforming the very purpose of the
criminal trial. Trial ceased to be an opportunity for the accused
to speak, and instead became an occasion for defense counsel to
test the prosecution case.
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