The Origins Of Adversary Criminal Trial Oxford Studies In Modern Legal History

Author: John H. Langbein
Publisher: Oxford University Press
ISBN: 0199287236
Size: 42.94 MB
Format: PDF, ePub, Mobi
View: 1220
Download Read Online
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 thief takers 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.

The Origins Of Adversary Criminal Trial

Author: John H. Langbein
Publisher: Oxford University Press on Demand
ISBN: 0199258880
Size: 15.18 MB
Format: PDF, Docs
View: 6874
Download Read Online
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.

Marks Of An Absolute Witch

Author: Dr Orna Alyagon Darr
Publisher: Ashgate Publishing, Ltd.
ISBN: 140948243X
Size: 68.23 MB
Format: PDF
View: 5425
Download Read Online
Lawyer-free altercation between the accused and the accuser was replaced by
the adversary criminal trial around the 1730s.2 ... The Origins of Adversary
Criminal Trial, Oxford Studies in Modern Legal History (Oxford: Oxford University
Press, ...

Private Property And Abuse Of Rights In Victorian England

Author: Michael Taggart
Publisher: Oxford University Press on Demand
ISBN: 9780199256877
Size: 56.23 MB
Format: PDF, ePub, Mobi
View: 7465
Download Read Online
ALSO IN THE OXFORD STUDIES IN MODERN LEGAL HISTORY SERIES
Advocacy and the Making of the Adversarial Criminal Trial 1800-1865 David ]. A.
Cairns The Origins of Adversary Criminal Trial John H. Langbein UNIVERSITY ...

A History Of Water Rights At Common Law

Author: Joshua Getzler
Publisher: Oxford University Press on Demand
ISBN: 9780198265818
Size: 37.71 MB
Format: PDF, Kindle
View: 5896
Download Read Online
OXFORD STUDIES IN MODERN LEGAL HISTORY The scries aims to publish
monographs of high quality and originality on legal history covering the period
from 1750 onwards, RECENT TITLES IN THE SERIES Advocacy and the Making
of the Adversarial Criminal Trial 1800-1865 David i. ... Pickles and the Bradford
Water Supply Michael Taggart The Origins of Adversary Criminal Trial Mm H.
Langhein ...

English Common Law In The Age Of Mansfield

Author: James Oldham
Publisher: Univ of North Carolina Press
ISBN: 0807864005
Size: 35.75 MB
Format: PDF, ePub, Mobi
View: 4207
Download Read Online
Langbein, J. H. The Origins of Adversary Criminal Trial. Oxford: Oxford University
Press, 2003. Langdell ... Lobban, M. ''The English Legal Treatise and English
Law in the Eighteenth Century.'' InJuris ... of Case.'' In Studies in the History of the
Common Law. London: Hambledon, 1985. . ''Rise of the Modern Law of Torts.

Palgrave Advances In The Modern History Of Sexuality

Author: M. Houlbrook
Publisher: Springer
ISBN: 023050180X
Size: 42.84 MB
Format: PDF, ePub, Mobi
View: 219
Download Read Online
19. and Susan Binnie, Law, Society and the State: Essays in Modern Legal
History (Toronto: University of Toronto Press, 1995), intro and pt. iii. 5. ... See
John Langbein, The Origins of Adversary Criminal Trial (Oxford: Oxford University
Press, 2003). ... Victorian Studies (Spring 1982); M.L. Shanley, Feminism,
Marriage and the Law in Victorian England, 1850–1895 (Princeton: Princeton
University Press, ...

Book Review Digest

Author: H.W. Wilson Company
Publisher:
ISBN:
Size: 49.38 MB
Format: PDF, Kindle
View: 126
Download Read Online
LANGBEIN, JOHN H. The origins of adversary criminal trial. (Oxford studies in
modern legal history) 362p 2003 Oxford University Press I. Criminal procedure —
Great Britain 2. Adversary system (Law) 3. Law — Great Britain — History ISBN ...

Communication In Investigative And Legal Contexts

Author: Gavin Oxburgh
Publisher: John Wiley & Sons
ISBN: 1118769228
Size: 52.92 MB
Format: PDF, ePub, Docs
View: 897
Download Read Online
Integrated Approaches from Forensic Psychology, Linguistics and Law
Enforcement Gavin Oxburgh, Rebecca Milne. Jacquemet, M. (1996). ... The
origins of the adversary trial, Oxford Studies in Modern Legal History. Oxford, UK:
Clarendon ...

Principles Of Evidence In International Criminal Justice

Author: Karim A. A. Khan
Publisher: Oxford University Press, USA
ISBN: 0199588929
Size: 47.46 MB
Format: PDF, ePub, Docs
View: 7676
Download Read Online
We now turn to an overview of the major rules of evidence applicable to criminal
cases at common law (principally in England, but with ... court may sometimes
intervene to exclude evidence sua sponte, but in deference to the adversarial
nature of the proceedings, will almost ... 15 See J. H. Langbein, The Origins
ofAdversary Criminal Trial (Oxford Studies in Modern Legal History, Oxford: OUP,
2003) 178.

A Philosophy Of Evidence Law

Author: H. L. Ho
Publisher: Oxford University Press on Demand
ISBN: 0199228302
Size: 27.25 MB
Format: PDF
View: 1465
Download Read Online
This book examines the legal and moral theory behind the law of evidence and proof, arguing that only by exploring the nature of responsibility in fact-finding can the role and purpose of much of the law be fully understood.