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The Origins of Adversary Criminal Trial (Oxford Studies in Modern Legal History) |
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The Origins of Adversary Criminal Trial (Oxford Studies in Modern Legal History)
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by John H. Langbein
Sales Rank: 636193
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Discount: 24 %
$99.00
At Amazon
on 6-17-2008.
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Features
Cover Type: Hard Cover with 376 pages
Published by: Oxford University Press, USA March 27, 2003
Written in: English
ISBN 10 Number: 0199258880
ISBN 13 Number: 978-0199258888
Book Dimensions:
9.5 x 6.4 x 1 inches
Weighs: 1.5 pounds
Product Review
`"an extraordinarily interesting book, based on deep research and advanced in a remarkably cogent fashion"' TLS
Deeply researched, The Origins of Adversary Criminal Trial will remain the standard reference work on the history of the English criminal trial for years to come. It is a must read not only for legal historians but for every practitioner active in the criminal courts.
`"informative and stimulating"' TLS
Product Description
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, 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 1730s decided to allow the defendant to have counsel to cross-examine accusing witnesses. By restricting counsel to the
work of looking at and cross-examining witnesses, the judges intended that the accused would still need to respond in human being to the charges against him. 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 became instead an occasion for defense counsel to test the prosecution case.
Reader Reviews
This a really terrific explanation of the history of our modern adversarial system and would be particularly useful to trial lawyers who work within the adversarial criminal system. (It's one thing to know that one CAN object to hearsay...but haven't you ever wondered why we do?)
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The Origins of Adversary Criminal Trial (Oxford Studies in Modern Legal History)
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Updated on 6-17-2008.
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