The origins of adversary criminal trial / John H Langbein.

Oxford. : Oxford University Press, 2003.

23022

Criminal procedure -- Great Britain -- History -- 18th century.

Defense (Criminal procedure) -- Great Britain -- History -- 18th century.

Prosecution -- Great Britain -- History -- 18th century.

Evidence, Criminal -- Great Britain -- History -- 18th century.

Trials -- Great Britain -- History -- 18th century.

Adversary system (Law) -- Great Britain -- History -- 18th century.

1. The lawyer-free criminal trial

2. The Treason Trials Act of 1696 : the advent of defense counsel

3. The prosecutorial origins of defense counsel

4. The law of criminal evidence

5. From altercation to adversary trial. Introduction

A. Overview

B. Criminal and civil justice

1. The layer-free criminal trial

A. The altercation

B. The rapidity of trial

C. The rule against defense counsel

D. The Marian pretrial

E. The "accused speaks" trial

F. The plight of accused

2. The treason trials Act of 1696: the advent of defense counsel

A. The treason trials of later Stuarts

B. The critique of the treason trials

C. The provisions of the Act

D. The restriction to treason

E. Of aristocrats and paupers: treason's legacy for adversary criminal justice

3. The prosecutorial origins of defense counsel

A. Prosecution lawyers

B. Prosecution perjury

C. Making forgery felony

D. Defense Counsel enters the felony trial

4. The law of criminal evidence

A. The view from the session papers

B. The character rule

C. The Corroboration rule

D. The confession rule

E. Unfinished business: the hearsay rule

F. Groping for the lever: excluding evidence

5. From Alterations to adversary trial

A. Latency

B. Silencing the accused

C. Prosecution counsel

D. Defense Counsel

E. Judicial acquiescence

F. Jury trial

G. The truth deficit.

Includes index.

0199258880

xxii, 354 p.