Download or read book Advocacy and the Making of the Adversarial Criminal Trial 1800 1865 written by David John Adams Cairns and published by Oxford University Press on Demand. This book was released on 1998 with total page 215 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Fighting for Justice written by John Hostettler and published by Waterside Press. This book was released on 2006 with total page 178 pages. Available in PDF, EPUB and Kindle. Book excerpt: Adversary trial emerged in England only in the 18th century. This book focuses on the birth and meaning of adversary trial and also on the historic central role of the lawyer and advocate Sir William Garrow.
Download or read book The Origins of Adversary Criminal Trial written by John H. Langbein and published by Oxford University Press, USA. This book was released on 2003 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Speaking in Court written by Andrew Watson and published by Springer. This book was released on 2019-03-25 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book From Truth to Technique at Trial written by Philip Gaines and published by Oxford University Press. This book was released on 2016-04-01 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: From Truth to Technique addresses key questions raised by the burgeoning literature in what Philip Gaines calls advocacy advice texts-manuals, handbooks, and other how-to guides-written by lawyers for lawyers, both practicing and aspiring, to help them be as effective as possible in trial advocacy. In these texts, advice authors share principles, strategies, and techniques for persuading juries and winning cases. Some manuals even form the basis for required advocacy courses in law schools. Unlike training manuals in other professional domains-sales, leadership, management, fundraising, coaching, etc.-advocacy advice texts offer guidance for effectiveness in a realm of activity where the stakes may be the very highest for the parties and where society has an abiding interest in the truth being discovered and justice being done. Helping advocates learn how to win cases may be the ultimate purpose of advice texts, but to what extent are ideas about the values of truth and justice-what Gaines calls metavalues-incorporated into discussions about winning tactics and techniques? To explore this question, Gaines takes the reader through a discursive history of the relation between technique and metavalues as presented in advocacy advice-beginning with a thematic analysis of the first texts published in the Anglo-American tradition in the early 17th century, through treatises written during seasons of radical change in the profession in the 18th and 19th centuries, and up to the present day with a look at the more than 200 trial manuals currently in print. This diacronic study reveals dramatic changes in the place authors give to the metavalues of truth and justice when lawyers advise other lawyers about how to be effective in the courtroom.
Download or read book Fair Trials written by Sarah J Summers and published by Bloomsbury Publishing. This book was released on 2007-08-10 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: The right to a fair trial has become an issue of increasing public concern, following a series of high profile cases such as the Bulger case, Khan (Sultan) and R v DPP ex p Kebilene. In determining the scope of the right, we now increasingly look to the ECHR, but the court has given little guidance, focusing on reconciling procedural rules rather than addressing the broader issues. This book addresses the issue of the meaning of the right by examining the contemporary jurisprudence in the light of a body of historical literature which discusses criminal procedure in a European context. It argues that there is in fact a European criminal procedural tradition which has been neglected in contemporary discussions, and that an understanding of this tradition might illuminate the discussion of fair trial in the contemporary jurisprudence. This challenging new work elucidates the meaning of the fair trial and in doing so challenges the conventional approach to the analysis of criminal procedure as based on the distinction between adversarial and inquisitorial procedural systems. The book is divided into two parts. The first part is dominated by an examination of the fair trial principles in the works of several notable European jurists of the nineteenth century, arguing that their writings were instrumental in the development of the principles underlying the modern conception of criminal proceedings. The second part looks at the fair trials jurisprudence of the ECHR and it is suggested that although the Court has neglected the European tradition, the jurisprudence has nevertheless been influenced, albeit unconsciously, by the institutional principles developed in the nineteenth century.
Download or read book In Search of Criminal Responsibility written by Nicola Lacey and published by Oxford University Press. This book was released on 2016-04-26 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Trial on Trial Volume 1 written by R A Duff and published by Hart Publishing. This book was released on 2004-12-31 with total page 219 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is questions whether the discovery of truth is the central aim of the rules and practices of criminal investigation and trial.
Download or read book Whores and Highwaymen written by Gregory J. Dunston and published by Waterside Press. This book was released on 2012 with total page 683 pages. Available in PDF, EPUB and Kindle. Book excerpt: A huge work of reference. A fresh perspective on a crucial time for courts, policing and punishment. Shows how individuals, concerned parties and vested interests drove many of the era's developments. A colourful account, which captures the essence of the period. Running to nearly 700 pages, this comprehensive work on the development of summary jurisdiction, early policing and the emergence of London's embryonic modern criminal justice system looks at every aspect of these topics from numerous perspectives and across the eighteenth century. The 'whores' and 'highwaymen' of Gregory Durston's title are just some of the dubious characters met within this absorbing work, including thief-takers, trading justices, an upstart legal profession whose lower orders developed various ways to line their own pockets and magistrates and clerks who often preferred dealing with those cases which attracted fees. The book shows how little was planned by government or the authorities, and how much sprang up due to the efforts of individuals-so that the origins of social control, particularly at a local level, had much to do with personal ideas of morality, class boundaries and perceived threats, serious and otherwise. Based on news reports, Old Bailey and local archives, and other solid records the book weaves a compelling picture of a critical time in English history, through the voices of contemporary observers as well as the best of writings by experts ever since. At its broadest point, the book spans the period from the Glorious Revolution to the early 1820s. It falls into three parts: Crime and the Metropolis-including Metropolitan crime, attitudes to crime and policing, explanations for crime, and criminal law and procedure. Policing-including policing the metropolis, constables, the watch, beadles, the role of the military, and the detection of crime. Justice-including the magistracy and its work, ways of prosecution, trial in the lower and higher courts, and the penal regimes of the day. Whores and Highwaymen concentrates on the Metropolis but also compares other parts of England and Wales. Author Gregory Durston MA, DipL, LLM, PhD, of the Middle Temple and Lincoln's Inn, Barrister, studied history for his first degree before turning to the law. He is currently Reader in Law at Kingston University.
Download or read book Practical Guide to Evidence written by and published by Cavendish Publishing. This book was released on 1998-08-20 with total page 485 pages. Available in PDF, EPUB and Kindle. Book excerpt: The second edition of this widely acclaimed book maintains the author's original objective: to provide a clear and readable account of evidence law, which acknowledges the importance of arguments about facts and principles as well as rules. It is written
Download or read book Hearsay Evidence in Criminal Proceedings written by J R Spencer and published by Bloomsbury Publishing. This book was released on 2014-11-01 with total page 525 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Criminal Justice Act 2003 re-wrote the hearsay evidence rule for the purpose of criminal proceedings, enacting the recommendations of the Law Commission together with some proposals from the Auld Review. In 2008, Professor Spencer wrote a book explaining the new law, intended for practitioners as well as academics. Following the style of his earlier book about the new law on bad character evidence, the core of the hearsay book was a section-by-section commentary on the relevant provisions of the Act, discussing the case law that had interpreted them. Since the appearance of the first edition, the new law on hearsay evidence has been the subject of a spectacular exchange between the UK Supreme Court and the European Court of Human Rights, the effects of which the Court of Appeal has interpreted in several leading cases. In this new edition, the commentary is revised to take account of these developments. As in the first edition, the commentary is preceded by chapters on the history of the hearsay rule, and the requirements of Article 6(3)(d) of the European Convention on Human Rights. It is followed by an appendix containing the text of the statutory provisions and a selection of the leading cases.
Download or read book The Role of the Defense Lawyer written by Ed Johnston and published by Rowman & Littlefield. This book was released on 2021-07-29 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: The culture of defense work has undergone significant change over the course of the last twenty years. These changes may have generated confusion and uncertainty concerning the role of the defense lawyer in the modern era. If the lawyer is confused as to his role, is it possible to zealously advance the best interests of his client? While the role of the defense has been explored through the culture of their law firms, the individualized role of the defense lawyer in the context of criminal procedure and their contribution to adversarial justice is something that has not been exposed to scrutiny. This book explores how lawyers view their own individual role in the context of the changed obligations introduced by the CPIA 1996 and the CrimPR, looking at the defense lawyer as part of a system, rather than as part of a relationship. Through a theoretical lens, Ed Johnston provides a wider perspective on the changing nature of criminal justice and the place of a key actor within it to draw conclusions regarding the role of the defense lawyer in the modern era.
Download or read book Criminal Justice During the Long Eighteenth Century written by David Lemmings and published by Routledge. This book was released on 2018-10-26 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book applies three overlapping bodies of work to generate fresh approaches to the study of criminal justice in England and Ireland between 1660 and 1850. First, crime and justice are interpreted as elements of the "public sphere" of opinion about government. Second, "performativity" and speech act theory are considered in the context of the Anglo-Irish criminal trial, which was transformed over the course of this period from an unmediated exchange between victim and accused to a fully lawyerized performance. Thirdly, the authors apply recent scholarship on the history of emotions, particularly relating to the constitution of "emotional communities" and changes in "emotional regimes".
Download or read book Criminal Evidence and Human Rights written by Paul Roberts and published by Bloomsbury Publishing. This book was released on 2012-05-18 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: Criminal procedure in the common law world is being recast in the image of human rights. The cumulative impact of human rights laws, both international and domestic, presages a revolution in common law procedural traditions. Comprising 16 essays plus the editors' thematic introduction, this volume explores various aspects of the 'human rights revolution' in criminal evidence and procedure in Australia, Canada, England and Wales, Hong Kong, Malaysia, New Zealand, Northern Ireland, the Republic of Ireland, Singapore, Scotland, South Africa and the USA. The contributors provide expert evaluations of their own domestic law and practice with frequent reference to comparative experiences in other jurisdictions. Some essays focus on specific topics, such as evidence obtained by torture, the presumption of innocence, hearsay, the privilege against self-incrimination, and 'rape shield' laws. Others seek to draw more general lessons about the context of law reform, the epistemic demands of the right to a fair trial, the domestic impact of supra-national legal standards (especially the ECHR), and the scope for reimagining common law procedures through the medium of human rights. This edited collection showcases the latest theoretically informed, methodologically astute and doctrinally rigorous scholarship in criminal procedure and evidence, human rights and comparative law, and will be a major addition to the literature in all of these fields.
Download or read book The Oxford Handbook of Legal History written by Markus D. Dubber and published by Oxford University Press. This book was released on 2018-07-26 with total page 1152 pages. Available in PDF, EPUB and Kindle. Book excerpt: Some of the most exciting and innovative legal scholarship has been driven by historical curiosity. Legal history today comes in a fascinating array of shapes and sizes, from microhistory to global intellectual history. Legal history has expanded beyond traditional parochial boundaries to become increasingly international and comparative in scope and orientation. Drawing on scholarship from around the world, and representing a variety of methodological approaches, areas of expertise, and research agendas, this timely compendium takes stock of legal history and methodology and reflects on the various modes of the historical analysis of law, past, present, and future. Part I explores the relationship between legal history and other disciplinary perspectives including economic, philosophical, comparative, literary, and rhetorical analysis of law. Part II considers various approaches to legal history, including legal history as doctrinal, intellectual, or social history. Part III focuses on the interrelation between legal history and jurisprudence by investigating the role and conception of historical inquiry in various models, schools, and movements of legal thought. Part IV traces the place and pursuit of historical analysis in various legal systems and traditions across time, cultures, and space. Finally, Part V narrows the Handbooks focus to explore several examples of legal history in action, including its use in various legal doctrinal contexts.
Download or read book Roberts Zuckerman s Criminal Evidence written by Paul Roberts and published by Oxford University Press. This book was released on 2022-08-04 with total page 1193 pages. Available in PDF, EPUB and Kindle. Book excerpt: Roberts and Zuckerman's Criminal Evidence is the eagerly-anticipated third of edition of the market-leading text on criminal evidence, fully revised to take account of developments in legislation, case-law, policy debates, and academic commentary during the decade since the previous edition was published. With an explicit focus on the rules and principles of criminal trial procedure, Roberts and Zuckerman's Criminal Evidence develops a coherent account of evidence law which is doctrinally detailed, securely grounded in a normative theoretical framework, and sensitive to the institutional and socio-legal factors shaping criminal litigation in practice. The book is designed to be accessible to the beginner, informative to the criminal court judge or legal practitioner, and thought-provoking to the advanced student and scholar: a textbook and monograph rolled into one. The book also provides an ideal disciplinary map and work of reference to introduce non-lawyers (including forensic scientists and other expert witnesses) to the foundational assumptions and technical intricacies of criminal trial procedure in England and Wales, and will be an invaluable resource for courts, lawyers and scholars in other jurisdictions seeking comparative insight and understanding of evidentiary regulation in the common law tradition.
Download or read book Crime Courtrooms and the Public Sphere in Britain 1700 1850 written by David Lemmings and published by Routledge. This book was released on 2016-05-13 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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'.
