ISBN10: 0199258880, ISBN13: 9780199258888, [publisher: Oxford University Press, Oxford] Hardcover Hardcover. The 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 pamphletaccounts 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 workof 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 ofadversary procedure to defeat the judges' design, ...
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Hardback. New. 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. ISBN 0199258880 9780199258888 [GB]

ISBN10: 0199258880, ISBN13: 9780199258888, [publisher: Oxford University Press, Oxford] Hardcover Hardcover. The 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 pamphletaccounts 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 workof 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 ofadversary procedure to defeat the judges' design, ...
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