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 Fighting for Justice written by John Hostettler and published by Waterside Press. This book was released on 2006-10-19 with total page 140 pages. Available in PDF, EPUB and Kindle. Book excerpt: Adversary trial emerged in England in the 18th century. Its origins and significance had tended to go unrecognized by judges, lawyers, jurists, and researchers until relatively modern times. Even now, there is considerable dispute as to how and why adversary trial came into existence, and little connection has been made with the fact that its existence contributed to the genesis of a the modern doctrine of human rights, whereby citizens are able to make a stand against the power of the state or vested interest. Fighting for Justice focuses on the birth and meaning of adversary trial, including the key role of Sir William Garrow. The book assesses how deep-rooted is the notion of opposing parties in the common law and the English psyche generally, and that of countries such as the US that have followed the same pattern whereby legal representatives champion the cause of individuals. The book touches on moves through restorative justice around the world, to alter adversarial systems in favor of a less conflict based approach. Because justice and the rule of law are frequently nowadays under attack, Fighting for Justice will be a valuable aid to understanding the contributions that have been made to the overall development of criminal justice and common law systems.
Download or read book Criminal Discovery written by Cosmas Moisidis and published by Institute of Criminology. This book was released on 2008 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Criminal Discovery: From Truth to Proof and Back Again, author Cosmas Moisidis examines aspects of pre-trial stages such as police interrogations, preliminary hearings and discovery between the prosecution and the defence, addressing contentious issues such as the right to silence and the privilege against self-incrimination. These issues give rise to strong, emotive and polarised differences of opinion. Criminal discovery is an area in which views are entrenched and passions run high. Criminal Discovery: From Truth to Proof and Back Again seeks to inform the current debate through a detailed analysis of the history, theory and practice of criminal discovery. Historical and jurisprudential matters which are not commonly known are here brought to light. The approach is holistic and comparative, examining the issues in detail with reference to the jurisdictions of the United Kingdom, United States, particularly California, and Australia. It concludes with recommendations to guide the future, putting forward a reciprocal criminal discovery model which, it is argued, will enhance the truth seeking potential of the adversarial criminal trial.
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 Judge Without Jury written by John Jackson and published by Oxford University Press on Demand. This book was released on 1995 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cases connected with the troubles in Northern Ireland have been tried by a judge sitting without a jury in `Diplock Courts'. Given the symbolic importance of the jury within the common law tradition, this study offers the first systematic comparison of the process of trial by judge alone withthat of trial by jury. The authors determine the impact of the replacement of jury trial with trial by a professional judge on the adversarial character of the criminal trial process.
Download or read book The Bar and the Old Bailey 1750 1850 written by Allyson N. May and published by UNC Press Books. This book was released on 2015-12-01 with total page 563 pages. Available in PDF, EPUB and Kindle. Book excerpt: Allyson May chronicles the history of the English criminal trial and the development of a criminal bar in London between 1750 and 1850. She charts the transformation of the legal process and the evolution of professional standards of conduct for the criminal bar through an examination of the working lives of the Old Bailey barristers of the period. In describing the rise of adversarialism, May uncovers the motivations and interests of prosecutors, defendants, the bench, and the state, as well as the often-maligned "Old Bailey hacks" themselves. Traditionally, the English criminal trial consisted of a relatively unstructured altercation between the victim-prosecutor and the accused, who generally appeared without a lawyer. A criminal bar had emerged in London by the 1780s, and in 1836 the Prisoners' Counsel Act recognized the defendant's right to legal counsel in felony trials and lifted many restrictions on the activities of defense lawyers. May explores the role of barristers before and after the Prisoners' Counsel Act. She also details the careers of individual members of the bar--describing their civil practice in local, customary courts as well as their criminal practice--and the promotion of Old Bailey counsel to the bench of that court. A comprehensive biographical appendix augments this discussion.
Download or read book A World View of Criminal Justice written by Richard Vogler and published by Routledge. This book was released on 2017-03-02 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: Criminal justice procedure is the bedrock of human rights. Surprisingly, however, in an era of unprecedented change in criminal justice around the world, it is often dismissed as technical and unimportant. This failure to take procedure seriously has a terrible cost, allowing reform to be driven by purely pragmatic considerations, cost-cutting or foreign influence. Current US political domination, for example, has produced a historic and global shift towards more adversarial procedure, which is widely misunderstood and inconsistently implemented. This book addresses such issues by bringing together a huge range of historical and contemporary research on criminal justice in Europe, Asia, Africa, Australasia and the Americas. It proposes a theory of procedure derived from the three great international trial modes of 'inquisitorial justice', 'adversarial justice' and 'popular justice'. This approach opens up the possibility of assessing criminal justice from a more objective standpoint, as well as providing a sourcebook for comparative study and practical reform around the world.
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Download or read book The Origins of Reasonable Doubt written by James Q. Whitman and published by Yale University Press. This book was released on 2008-01-01 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: To be convicted of a crime in the United States, a person must be proven guilty “beyond a reasonable doubt.” But what is reasonable doubt? Even sophisticated legal experts find this fundamental doctrine difficult to explain. In this accessible book, James Q. Whitman digs deep into the history of the law and discovers that we have lost sight of the original purpose of “reasonable doubt.” It was not originally a legal rule at all, he shows, but a theological one. The rule as we understand it today is intended to protect the accused. But Whitman traces its history back through centuries of Christian theology and common-law history to reveal that the original concern was to protect the souls of jurors. In Christian tradition, a person who experienced doubt yet convicted an innocent defendant was guilty of a mortal sin. Jurors fearful for their own souls were reassured that they were safe, as long as their doubts were not “reasonable.” Today, the old rule of reasonable doubt survives, but it has been turned to different purposes. The result is confusion for jurors, and a serious moral challenge for our system of justice.
Download or read book History of the Common Law written by John H. Langbein and published by Aspen Publishing. This book was released on 2009-08-14 with total page 1310 pages. Available in PDF, EPUB and Kindle. Book excerpt: This introductory text explores the historical origins of the main legal institutions that came to characterize the Anglo-American legal tradition, and to distinguish it from European legal systems. The book contains both text and extracts from historical sources and literature. The book is published in color, and contains over 250 illustrations, many in color, including medieval illuminated manuscripts, paintings, books and manuscripts, caricatures, and photographs.
Download or read book The Privilege Against Self Incrimination written by R. H. Helmholz and published by University of Chicago Press. This book was released on 1997-06-08 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: Levy, this history of the privilege shows that it played a limited role in protecting criminal defendants before the nineteenth century.
Download or read book The Origins of Reasonable Doubt written by James Q. Whitman and published by . This book was released on 2008 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: To be convicted of a crime in the United States, a person must be proven guilty “beyond a reasonable doubt.” But what is reasonable doubt? Even sophisticated legal experts find this fundamental doctrine difficult to explain. In this accessible book, James Q. Whitman digs deep into the history of the law and discovers that we have lost sight of the original purpose of “reasonable doubt.” It was not originally a legal rule at all, he shows, but a theological one.The rule as we understand it today is intended to protect the accused. But Whitman traces its history back through centuries of Christian theology and common-law history to reveal that the original concern was to protect the souls of jurors. In Christian tradition, a person who experienced doubt yet convicted an innocent defendant was guilty of a mortal sin. Jurors fearful for their own souls were reassured that they were safe, as long as their doubts were not “reasonable.” Today, the old rule of reasonable doubt survives, but it has been turned to different purposes. The result is confusion for jurors, and a serious moral challenge for our system of justice.
Download or read book Adversarial Legalism written by Robert A. KAGAN and published by Harvard University Press. This book was released on 2009-06-30 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: Robert Kagan examines the origins and consequences of the American system of "adversarial legalism". This study aims to deepen our understanding of law and its relationship to politics, and raises questions about the future of the American legal system.
Download or read book Adversarial Justice written by Theodore L. Kubicek and published by Algora Publishing. This book was released on 2006 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: Our adversarial legal system is used to evade the truth and makes winning the paramount goal. Here, a law veteran proposes we shift to an inquisitorial system seeking the truth, and recommends changes to evidentiary rules that confuse law enforcement and juries alike.
Download or read book Comparative Criminal Procedure written by Jacqueline E. Ross and published by Edward Elgar Publishing. This book was released on 2016-06-24 with total page 576 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Handbook presents innovative research that compares different criminal procedure systems by focusing on the mechanisms by which legal systems seek to avoid error, protect rights, ground their legitimacy, expand lay participation in the criminal process and develop alternatives to criminal trials, such as plea bargaining, as well as alternatives to the criminal process as a whole, such as intelligence operations. The criminal procedures examined in this book include those of the United States, Germany, France, Spain, Russia, India, Latin America, Taiwan and Japan, among others.
Download or read book On the Administration of the Criminal Code in England and Spirit of the English Government written by Charles Cottu and published by The Lawbook Exchange, Ltd.. This book was released on 2004 with total page 174 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cottu, [Charles]. On the Administration of the Criminal Code, in England, and the Spirit of the English Government. Translated Exclusively for the Pamphleteer. London: Pam[phleteer], Volume XVI, Number 31, 1820. 152 pp. [With] "M. Cottu, Criminal Law of England," Quarterly Review 1820. 18 pp. Reprint available September 2004 by The Lawbook Exchange, Ltd. LCCN 2003044228. ISBN 1-58477-383-9. Cloth. $90. * Reprint of the first English edition. Cottu [1777?-?] was a counsellor of the Royal Court of Paris and Secretary-General to the Royal Society of Prisons. In 1820 he was sent by his government to observe the English criminal courts. He returned with a vivid description of a system that had changed little since the days of Coke and Pulton. As Langbein describes it, "the whole of the criminal trial was expected to transpire as a lawyer-free contest of amateurs. In cases of felony..., the prosecution was also not represented by counsel. The victim of the crime commonly served as the prosecutor. (In homicide cases, either the victim's kin prosecuted, or the local coroner stood in.) Just as Blackstone summarized the common law on the cusp of its transformation by modern capitalism, Cottu described a system of criminal procedure that was about to be transformed into the system we recognize today. This work was originally published in the periodical The Pamphleteer. It was reissued as a book in 1822 with the title, On the Administration of Criminal Justice in England. Langbein, The Origins of Adversary Criminal Trial 11. (Cottu is noted as one of Langbein's primary sources.) Appended to this work is an 18 p. contemporaneous article reviewing the French edition.
Download or read book The Supreme Court on Trial written by George C. Thomas and published by University of Michigan Press. This book was released on 2010-02-09 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: The chief mandate of the criminal justice system is not to prosecute the guilty but to safeguard the innocent from wrongful convictions; with this startling assertion, legal scholar George Thomas launches his critique of the U.S. system and its emphasis on procedure at the expense of true justice. Thomas traces the history of jury trials, an important component of the U.S. justice system, since the American Founding. In the mid-twentieth century, when it became evident that racism and other forms of discrimination were corrupting the system, the Warren Court established procedure as the most important element of criminal justice. As a result, police, prosecutors, and judges have become more concerned about following rules than about ensuring that the defendant is indeed guilty as charged. Recent cases of prisoners convicted of crimes they didn't commit demonstrate that such procedural justice cannot substitute for substantive justice. American justices, Thomas concludes, should take a lesson from the French, who have instituted, among other measures, the creation of an independent court to review claims of innocence based on new evidence. Similar reforms in the United States would better enable the criminal justice system to fulfill its moral and legal obligation to prevent wrongful convictions. "Thomas draws on his extensive knowledge of the field to elaborate his elegant and important thesis---that the American system of justice has lost sight of what ought to be its central purpose---protection of the innocent." —Susan Bandes, Distinguished Research Professor of Law, DePaul University College of Law "Thomas explores how America's adversary system evolved into one obsessed with procedure for its own sake or in the cause of restraining government power, giving short shrift to getting only the right guy. His stunning, thought-provoking, and unexpected recommendations should be of interest to every citizen who cares about justice." —Andrew E. Taslitz, Professor of Law, Howard University School of Law "An unflinching, insightful, and powerful critique of American criminal justice---and its deficiencies. George Thomas demonstrates once again why he is one of the nation's leading criminal procedure scholars. His knowledge of criminal law history and comparative criminal law is most impressive." —Yale Kamisar, Distinguished Professor of Law, University of San Diego and Clarence Darrow Distinguished University Professor Emeritus of Law, University of Michigan
