Advocacy and the Making of the Adversarial Criminal Trial, 1800-1865 PDF Download

Author: David John Adams Cairns
Publisher: Oxford University Press on Demand
ISBN: 9780198262848
Category : Law
Languages : en
Pages : 215

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Book Description
During the first half of the 19th century, the criminal trial changed beyond recognition to attain its modern adversarial form. This book discusses the dynamics of this transformation and, in particular, the role of the Prisoners' Counsel Act 1836.

Author: John H. Langbein
Publisher: Oxford University Press, USA
ISBN: 0199258880
Category : Law
Languages : en
Pages : 378

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Book Description
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.

Author: Richard McMahon
Publisher: Routledge
ISBN: 1134007426
Category : Social Science
Languages : en
Pages : 270

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Book Description
This book explores the relationship between crime, law and popular culture in Europe from the sixteenth century onwards. How was crime understood and dealt with by ordinary people and to what degree did they resort to or reject the official law and criminal justice system as a means of dealing with different forms of criminal activity? Overall, the volume will serve to illuminate how experiences of and attitudes to crime and the law may have corresponded or differed in different locations and contexts as well as contributing to a wider understanding of popular culture and consciousness in early modern and modern Europe.

Author: David Lemmings
Publisher: Routledge
ISBN: 1317157966
Category : History
Languages : en
Pages : 248

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Book Description
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'.

Author: Andrew Watson
Publisher: Springer
ISBN: 3030103951
Category : Social Science
Languages : en
Pages : 366

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Book Description
This book maps the changes in court advocacy in England and Wales over the last three centuries. Advocacy, the means by which a barrister puts their client’s case to the court and jury, has grown piecemeal and at an uneven pace; the result of a complex interplay of many influences. Andrew Watson examines the numerous principal factors, from the effect on juniors of successful styles deployed by senior advocates, changes in court procedure, reforms in laws determining who and what may be put before courts, the amount of media reporting of court cases, and public and press opinion about the acceptable limits of advocates’ tactics and oratory. This book also explores the extent to which juries are used in trials and the social origins of those serving on them. It goes on to examine the formal teaching of advocacy which was only introduced comparatively recently, arguing that this, and new technology, will likely exert a strong influence on future forensic oratory. Speaking in Court provides a readable history of advocacy and the many factors that have shaped it, and takes a far wider view of the history of advocacy than many titles, analysing the 20th Century developments which are often overlooked. This book will be of interest to general readers, law practitioners interested in how advocacy has developed in courts of yesteryear, teachers of advocacy who want to locate there subject in history and impart this to their students, and to law students curious about the origins of what they are learning.

Author: Drew D. Gray
Publisher: Bloomsbury Publishing
ISBN: 1472579283
Category : History
Languages : en
Pages : 409

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Book Description
Crime, Policing and Punishment in England, 1660-1914 offers an overview of the changing nature of crime and its punishment from the Restoration to World War 1. It charts how prosecution and punishment have changed from the early modern to the modern period and reflects on how the changing nature of English society has affected these processes. By combining extensive primary material alongside a thorough analysis of historiography this text offers an invaluable resource to students and academics alike. The book is arranged in two sections: the first looks at the evolution and development of the criminal justice system and the emergence of the legal profession, and examines the media's relationship with crime. Section two examines key themes in the history of crime, covering the emergence of professional policing, the move from physical punishment to incarceration and the importance of gender and youth. Finally, the book draws together these themes and considers how the Criminal Justice System has developed to suit the changing nature of the British state.

Author: John Hostettler
Publisher: Waterside Press
ISBN: 1904380697
Category : Biography & Autobiography
Languages : en
Pages : 355

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Book Description
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

Author: R A Duff
Publisher: Bloomsbury Publishing
ISBN: 1847311636
Category : Law
Languages : en
Pages : 276

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Book Description
What are the aims of a criminal trial? What social functions should it perform? And how is the trial as a political institution linked to other institutions in a democratic polity? What follows if we understand a criminal trial as calling a defendant to answer to a charge of criminal wrongdoing and, if he is judged to be responsible for such wrongdoing, to account for his conduct? A normative theory of the trial, an account of what trials ought to be and of what ends they should serve, must take these central aspects of the trial seriously; but they raise a number of difficult questions. They suggest that the trial should be seen as a communicative process: but what kinds of communication should it involve? What kind of political theory does a communicative conception of the trial require? Can trials ever actually amount to more than the imposition of state power on the defendant? What political role might trials play in conflicts that must deal not simply with issues of individual responsibility but with broader collective wrongs, including wrongs perpetrated by, or in the name of, the state? These are the issues addressed by the essays in this volume. The third volume in this series, in which the four editors of this volume develop their own normative account, will be published in 2007.

Author: Robyn Holder
Publisher: Edward Elgar Publishing
ISBN: 1786434032
Category : Citizenship
Languages : en
Pages : 381

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Book Description
Just Interests: Victims, Citizens and the Potential for Justice contributes to extended conversations about the idea of justice – who has it, who doesn’t and what it means in the everyday setting of criminal justice. It challenges the usual representation of people victimized by violence only as victims, and re-positions them as members of a political community. Departing from conventional approaches that see victims as a problem for law to contain, Robyn Holder draws on democratic principles of inclusion and deliberation to argue for the unique opportunity of criminal justice to enlist the capacity of citizens to rise to the demands of justice in their ordinary lives.

Author: Nicola Lacey
Publisher: Oxford University Press
ISBN: 0191084069
Category : Law
Languages : en
Pages : 313

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Book Description
What makes someone responsible for a crime and therefore liable to punishment under the criminal law? Modern lawyers will quickly and easily point to the criminal law's requirement of concurrent actus reus and mens rea, doctrines of the criminal law which ensure that someone will only be found criminally responsible if they have committed criminal conduct while possessing capacities of understanding, awareness, and self-control at the time of offense. Any notion of criminal responsibility based on the character of the offender, meaning an implication of criminality based on reputation or the assumed disposition of the person, would seem to today's criminal lawyer a relic of the 18th Century. In this volume, Nicola Lacey demonstrates that the practice of character-based patterns of attribution was not laid to rest in 18th Century criminal law, but is alive and well in contemporary English criminal responsibility-attribution. Building upon the analysis of criminal responsibility in her previous book, Women, Crime, and Character, Lacey investigates the changing nature of criminal responsibility in English law from the mid-18th Century to the early 21st Century. Through a combined philosophical, historical, and socio-legal approach, this volume evidences how the theory behind criminal responsibility has shifted over time. The character and outcome responsibility which dominated criminal law in the 18th Century diminished in ideological importance in the following two centuries, when the idea of responsibility as founded in capacity was gradually established as the core of criminal law. Lacey traces the historical trajectory of responsibility into the 21st Century, arguing that ideas of character responsibility and the discourse of responsibility as founded in risk are enjoying a renaissance in the modern criminal law. These ideas of criminal responsibility are explored through an examination of the institutions through which they are produced, interpreted and executed; the interests which have shaped both doctrines and institutions; and the substantive social functions which criminal law and punishment have been expected to perform at different points in history.