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The Lawyer-Free Criminal Trial

John H. Langbein

in The Origins of Adversary Criminal Trial

Published in print:
2005
Published Online:
January 2010
ISBN:
9780199287239
eISBN:
9780191718137
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199287239.003.0001
Subject:
Law, Criminal Law and Criminology, Legal History

This chapter describes the trial procedure in cases of serious crime, which took shape in England in the 16th and 17th centuries. Lawyers for prosecution and defense played virtually no role. Defense ... More


From Altercation to Adversary Trial

John H. Langbein

in The Origins of Adversary Criminal Trial

Published in print:
2005
Published Online:
January 2010
ISBN:
9780199287239
eISBN:
9780191718137
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199287239.003.0005
Subject:
Law, Criminal Law and Criminology, Legal History

The judges attempted to admit defense counsel at trial for the limited purpose of assisting the defendant to probe accusing evidence, expecting that the defendant would otherwise continue to speak in ... More


The Jury System in Contemporary Ireland: In the Shadow of a Troubled Past

John D. Jackson, Katie Quinn, and Tom O' Malley

in World Jury Systems

Published in print:
2000
Published Online:
January 2010
ISBN:
9780198298564
eISBN:
9780191705236
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198298564.003.0008
Subject:
Law, Comparative Law, Legal Profession and Ethics

This chapter focuses on the distinctive features of criminal trial by jury in Ireland, both north and south, to explain how the jury continues to survive in Northern Ireland, and how it has managed ... More


The Prosecutorial Origins of Defense Counsel

John H. Langbein

in The Origins of Adversary Criminal Trial

Published in print:
2005
Published Online:
January 2010
ISBN:
9780199287239
eISBN:
9780191718137
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199287239.003.0003
Subject:
Law, Criminal Law and Criminology, Legal History

In the 1730s, English judges began to depart from the rule against defense counsel in cases of felony, by allowing counsel to examine and cross-examine witnesses. This change in practice effectively ... More


The New Zealand Jury: Towards Reform

Neil Cameron, Susan Potter, and Warren Young

in World Jury Systems

Published in print:
2000
Published Online:
January 2010
ISBN:
9780198298564
eISBN:
9780191705236
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198298564.003.0005
Subject:
Law, Comparative Law, Legal Profession and Ethics

This chapter focuses on the jury system in New Zealand. Topics discussed include the history of jury trial in New Zealand, the availability of jury trial, juror selection in criminal trials, jury ... More


The Canadian Criminal Jury: Searching for a Middle Ground

Neil Vidmar

in World Jury Systems

Published in print:
2000
Published Online:
January 2010
ISBN:
9780198298564
eISBN:
9780191705236
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198298564.003.0006
Subject:
Law, Comparative Law, Legal Profession and Ethics

This chapter discusses the history of the Canadian jury and develops a profile of the Canadian jury today. It argues that the Canadian system is both conservative and progressive. It exhibits ... More


The Crimes of Women in Early Modern Germany

Ulinka Rublack

Published in print:
2001
Published Online:
October 2011
ISBN:
9780198208860
eISBN:
9780191678165
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198208860.001.0001
Subject:
History, European Early Modern History

This book studies ‘deviant’ women. It presents an account of how women were prosecuted for theft, infanticide, and sexual crimes in early modern Germany, and challenges the assumption that women were ... More


The Continuing Decline of the English Jury

Sally Lloyd-Bostock and Cheryl Thomas

in World Jury Systems

Published in print:
2000
Published Online:
January 2010
ISBN:
9780198298564
eISBN:
9780191705236
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198298564.003.0002
Subject:
Law, Comparative Law, Legal Profession and Ethics

This chapter begins with a historical look at the English jury, and then briefly places the jury and jury reform in the context of the English legal and political system. After outlining the limited ... More


Criminal Trial Juries in Australia: From Penal Colonies to a Federal Democracy

Michael Chesterman

in World Jury Systems

Published in print:
2000
Published Online:
January 2010
ISBN:
9780198298564
eISBN:
9780191705236
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198298564.003.0004
Subject:
Law, Comparative Law, Legal Profession and Ethics

Along with various other English social, cultural, and legal practices, the English model of trial by jury was adopted in each of the Australian colonies at a relatively early stage of its ... More


Europe's New Jury Systems: The Cases of Spain and Russia

Stephen C. Thaman

in World Jury Systems

Published in print:
2000
Published Online:
January 2010
ISBN:
9780198298564
eISBN:
9780191705236
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198298564.003.0009
Subject:
Law, Comparative Law, Legal Profession and Ethics

This chapter focuses on the jury systems in Spain and Russia. The reintroduction of trial by jury in Russian (1993) and Spain (1995) is interesting for two reasons. First, it is a surprising reversal ... More


Advocacy and the Making of the Adversarial Criminal Trial 1800–1865

David J. A. Cairns

Published in print:
1999
Published Online:
March 2012
ISBN:
9780198262848
eISBN:
9780191682414
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198262848.001.0001
Subject:
Law, Legal History

The modern adversarial criminal trial emerged from the punitive and procedural upheaval in the criminal law of the first half of the nineteenth century. The campaign against capital punishment, which ... More


The Treason Trials Act of 1696: The Advent of Defense Counsel

John H. Langbein

in The Origins of Adversary Criminal Trial

Published in print:
2005
Published Online:
January 2010
ISBN:
9780199287239
eISBN:
9780191718137
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199287239.003.0002
Subject:
Law, Criminal Law and Criminology, Legal History

In criminal prosecutions for high treason, the crown was always represented by counsel, but the rule against defense counsel prevented the defendants from having a lawyer. In the decade preceding the ... More


Allocation of the Risk of Error in Criminal Trials

Alex Stein

in Foundations of Evidence Law

Published in print:
2005
Published Online:
January 2010
ISBN:
9780198257363
eISBN:
9780191711039
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198257363.003.0006
Subject:
Law, Philosophy of Law

This chapter discusses risk of error allocation in criminal trials. Topics covered include the ‘equal best’ standard, the burden of proof, exclusion, pre-emption, corroboration, and discretion.


Reviving the Criminal Jury in Japan

Lester W. Kiss

in World Jury Systems

Published in print:
2000
Published Online:
January 2010
ISBN:
9780198298564
eISBN:
9780191705236
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198298564.003.0010
Subject:
Law, Comparative Law, Legal Profession and Ethics

This chapter analyzes whether the readoption of criminal jury trials in present-day Japan would be feasible from cultural, societal, and legal viewpoints in light of Japan's prior experience with a ... More


Reimagining Child Soldiers in International Law and Policy

Mark A. Drumbl

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199592654
eISBN:
9780191738807
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199592654.001.0001
Subject:
Law, Public International Law

The international community's efforts to halt child soldiering have yielded some successes. But this pernicious practice persists. It may shift locally, but it endures globally. Preventative measures ... More


The Scottish Criminal Jury: A Very Peculiar Institution

Peter Duff

in World Jury Systems

Published in print:
2000
Published Online:
January 2010
ISBN:
9780198298564
eISBN:
9780191705236
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198298564.003.0007
Subject:
Law, Comparative Law, Legal Profession and Ethics

This chapter focuses on the Scottish criminal jury. Specifically, it discusses the origins of the Scottish criminal jury and the incidence of jury trial. It shows that the Scottish jury has existed ... More


Antony Duff and the Philosophy of Punishment

Mark R. Reiff and Rowan Cruft

in Crime, Punishment, and Responsibility: The Jurisprudence of Antony Duff

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199592814
eISBN:
9780191729034
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199592814.003.0001
Subject:
Law, Criminal Law and Criminology

Throughout a long and distinguished career, Antony Duff has had a lot to say about the philosophy of punishment. One of his most important contributions is with regard to the question of ... More


International Prosecutors

Luc Reydams, Jan Wouters, and Cedric Ryngaert (eds)

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199554294
eISBN:
9780191751691
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199554294.001.0001
Subject:
Law, Public International Law, Criminal Law and Criminology

This book examines the prosecution as an institution and a function in a dozen international and hybrid criminal tribunals, from Nuremberg to the International Criminal Court. It is the result of a ... More


Criminal Responsibility and Public Reason

RA Duff and SE Marshall

in Law and Philosophy

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199237159
eISBN:
9780191705427
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199237159.003.0012
Subject:
Law, Philosophy of Law

This chapter begins with a conception of the criminal trial as the forum in which criminal responsibility is formally and publicly actualized, and with an explication of the idea of responsibility as ... More


Trial and Punishment

Ulinka Rublack

in The Crimes of Women in Early Modern Germany

Published in print:
2001
Published Online:
October 2011
ISBN:
9780198208860
eISBN:
9780191678165
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198208860.003.0002
Subject:
History, European Early Modern History

For women and men alike, four factors — mobility, poverty, low social capital, and single status — dramatically increased the threat of being labeled and accused. Such people were hardly in a ... More


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