The Origins of Adversary Criminal Trial
By (author) John H. Langbein
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Origins of Adversary Criminal Trial by John H. Langbein
Book DescriptionThe 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 amd 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 examining and cross-examining witnesses, the judges intended that the accused would still need to respond in person 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.
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Book DetailsISBN: 9780199258888
(242mm x 163mm x 25mm)
Imprint: Oxford University Press
Publisher: Oxford University Press
Publish Date: 6-Feb-2003
Country of Publication: United Kingdom
Books By Author John H. Langbein
Torture and the Law of Proof, Paperback (September 2006)
Explores the world of the thumbscrew and the rack, engines of torture authorized for investigating crime in European legal systems from medieval times into the eighteenth century. Drawing on juristic literature and legal records, this crisply written book provides an account of how European legal systems became dependent on the use of torture.
Origins of Adversary Criminal Trial, Paperback (June 2005)
The lawyer-dominated adversary system of criminal trial, which typifies practice in Anglo-American legal systems, developed in England in the 18th century. Using the sources from London's Old Bailey Court, the author shows how and why lawyers were able to capture the trial, and gives an account of the formation of the law of criminal evidence.
Privilege Against Self Incrimination, Hardback (July 1997)View all books by John H. Langbein
This is a history of the privilege in law against self-incrimination, demonstrating that what is sometimes considered an unchanging tenet of the legal system has actually encompassed many different legal consequences. The book seeks to uncover what the privilege meant in practice.
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Author Biography - John H. Langbein
John Langbein is Sterling Professor of Law and Legal History at Yale Law School. He teaches and writes in four fields: trust and estate law, pension and employee benefit law, Anglo-American and European legal history, and modern comparative law.
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