The Origins of Adversary Criminal Trial (Oxford Studies in Modern Legal History)

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 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.--book Jacket. The Lawyer-free Criminal Trial -- The Treason Trials Act Of 1696: The Advent Of Defense Counsel -- The Prosecutorial Origins Of Defense Counsel -- The Law Of Criminal Evidence -- From Altercation To Adversary Trial. John H. Langbein. Includes Bibliographical References And Index. Frontmatter List of Illustrations (page xvii) List of Abbreviations (page xix) Introduction (page 1) A. Overview (page 2) B. Criminal and Civil Justice (page 7) 1. The Lawyer-Free Criminal Trial (page 10) A. The Altercation (page 13) B. The Rapidity of Trial (page 16) C. The Rule against Defense Counsel (page 26) D. The Marian Pretrial (page 40) E. The "Accused Speaks" Trial (page 48) F. The Plight of the Accused (page 61) 2. The Treason Trials Act of 1696: The Advent of Defense Counsel (page 67) A. The Treason Trials of the Later Stuarts (page 68) B. The Critique of the Treason Trials (page 78) C. The Provisions of the Act (page 86) D. The Restriction to Treason (page 97) E. Of Aristocrats and Paupers: Treason's Legacy for Adversary Criminal Justice (page 102) 3. The Prosecutorial Origins of Defense Counsel (page 106) A. Prosecution Lawyers (page 111) B. Prosecution Perjury (page 148) C. Making Forgery Felony (page 166) D. Defense Counsel Enters the Felony Trial (page 167) 4. The Law of Criminal Evidence (page 178) A. The View from the Sessions Papers (page 180) B. The Character Rule (page 190) C. The Corroboration Rule (page 203) D. The Confession Rule (page 218) E. Unfinished Business: The Hearsay Rule (page 233) F. Groping for the Lever: Excluding Evidence (page 247) 5. From Altercation to Adversary Trial (page 252) A. Latency (page 255) B. Silencing the Accused (page 258) C. Prosecution Counsel (page 284) D. Defense Counsel (page 291) E. Judicial Acquiescence (page 311) F. Jury Trial (page 318) G. The Truth Deficit (page 331) Index (page 345)

the Lawyer-dominated Adversary System Of Criminal Trial, Which Now Typifies Practice In Anglo-american Legal Systems, Developed In England In The Eighteenth Century. Using Hitherto Unexplored Sources From London's Old Bailey Court, Professor Langbein Shows How And Why Lawyers Were Able To Capture The Trial, And He Supplies A Path-breaking Account Of The Formation Of The Law Of Criminal Evidence.

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