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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 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


wDenial, Remorse, Apology, and Forgiveness

Stephanos Bibas

in The Machinery of Criminal Justice

Published in print:
2012
Published Online:
May 2012
ISBN:
9780195374681
eISBN:
9780199933204
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195374681.003.0003
Subject:
Law, Criminal Law and Criminology

This chapter explores a prime example of insiders' assembly-line blinders: criminal procedure's limited concern with denial, remorse, apology, and forgiveness. This limitation slights defendants and ... More


The Law of Criminal Evidence

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/9780199287239.003.0004
Subject:
Law, Criminal Law and Criminology, Legal History

In addition to admitting defense counsel, English judges undertook a further effort to safeguard against the mounting dangers of 18th-century prosecutorial practice, by creating the law of criminal ... More


Criminal Trials and Mental Disorders

Thomas Hafemeister

Published in print:
2019
Published Online:
September 2019
ISBN:
9781479804856
eISBN:
9781479850754
Item type:
book
Publisher:
NYU Press
DOI:
10.18574/nyu/9781479804856.001.0001
Subject:
Psychology, Social Psychology

The American criminal justice system is based on the bedrock principles of fairness and justice for all. In striving to ensure that all criminal defendants are treated equally under the law, it ... More


Unearthing and Confronting the Social Skeletons of Immigration Status in Our Criminal Justice System

Evelyn H. Cruz

in Punishing Immigrants: Policy, Politics, and Injustice

Published in print:
2012
Published Online:
March 2016
ISBN:
9780814749029
eISBN:
9780814749043
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814749029.003.0005
Subject:
Sociology, Law, Crime and Deviance

This chapter reviews the due process protections afforded to noncitizens in criminal proceedings and the impact of current practices on immigrant communities. It discusses two examples: the federal ... More


Epilogue

Richard L. Lippke

in The Ethics of Plea Bargaining

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199641468
eISBN:
9780191732195
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199641468.003.0011
Subject:
Law, Criminal Law and Criminology

The Epilogue discusses two practical problems raised by the book’s argument on behalf of more restrained forms of plea bargaining. The proposal to strictly limit and fix the sentence reductions ... More


Criminal Cases: Suspects against the Government

in Measuring Judicial Independence: The Political Economy of Judging in Japan

Published in print:
2003
Published Online:
March 2013
ISBN:
9780226703886
eISBN:
9780226703879
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226703879.003.0007
Subject:
Law, Comparative Law

This chapter examines criminal cases; in Japan, criminal defendants face extraordinarily high conviction rates. The chapter asks whether this might reflect skewed incentives: Do judges convict ... More


Mental Disorders and Criminal Behavior

Thomas L. Hafemeister

in Criminal Trials and Mental Disorders

Published in print:
2019
Published Online:
September 2019
ISBN:
9781479804856
eISBN:
9781479850754
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9781479804856.003.0002
Subject:
Psychology, Social Psychology

Chapter 1 provides core background information regarding mental disorders and their functional impact, particularly when associated with criminal behavior and defendants facing trial. This chapter ... More


The Origins of Adversary Criminal Trial

John H. Langbein

Published in print:
2005
Published Online:
January 2010
ISBN:
9780199287239
eISBN:
9780191718137
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199287239.001.0001
Subject:
Law, Criminal Law and Criminology, Legal History

The adversary system of trial, now the defining feature of Anglo-American criminal procedure, developed late in English legal history. For centuries, defendants were forbidden to have trial counsel. ... More


Introduction

Thomas L. Hafemeister

in Criminal Trials and Mental Disorders

Published in print:
2019
Published Online:
September 2019
ISBN:
9781479804856
eISBN:
9781479850754
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9781479804856.003.0001
Subject:
Psychology, Social Psychology

High-profile cases have drawn considerable attention to society’s ongoing struggle with how to approach and manage cases involving criminal offenders with a mental disorder. In these cases questions ... More


In the Interest of Full Disclosure: Discovery in Criminal Cases

Daniel S. Medwed

in Prosecution Complex: America's Race to Convict and Its Impact on the Innocent

Published in print:
2012
Published Online:
March 2016
ISBN:
9780814796245
eISBN:
9780814764350
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814796245.003.0003
Subject:
Law, Criminal Law and Criminology

This chapter focuses on prosecutorial choices before trial that may contribute to wrongful convictions, with particular emphasis on decisions about full disclosure of evidence to the defense. It ... More


Court-Responsive Amendments

John Dinan

in State Constitutional Politics: Governing by Amendment in the American States

Published in print:
2018
Published Online:
September 2018
ISBN:
9780226532783
eISBN:
9780226532950
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226532950.003.0005
Subject:
Political Science, American Politics

This chapter, the second of two chapters analyzing rights-related state constitutional amendments, examines amendments that have been adopted in response to state court decisions. The chapter ... More


2 In the Interest of Full Disclosure: Discovery in Criminal Cases

Daniel S. Medwed

in Prosecution Complex: America's Race to Convict and Its Impact on the Innocent

Published in print:
2012
Published Online:
March 2016
ISBN:
9780814796245
eISBN:
9780814764350
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814796245.003.0003
Subject:
Law, Criminal Law and Criminology

This chapter focuses on prosecutorial choices before trial that may contribute to wrongful convictions, with particular emphasis on decisions about full disclosure of evidence to the defense. It ... More


Introduction

in Trial of Modernity: Judicial Reform in Early Twentieth-Century China, 1901-1937

Published in print:
2008
Published Online:
June 2013
ISBN:
9780804755863
eISBN:
9780804779500
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804755863.003.0001
Subject:
Law, Legal History

This book examines what judicial modernity actually meant to the Chinese state and society—to administrative officials and judicial officers, county magistrates and their staff, civil litigants and ... More


Murder in the Courtroom: The Cognitive Neuroscience of Violence

Brigitte Vallabhajosula

Published in print:
2015
Published Online:
January 2015
ISBN:
9780199995721
eISBN:
9780190221584
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199995721.001.0001
Subject:
Psychology, Forensic Psychology, Cognitive Neuroscience

Recent neuroscientific advances, which have increased our understanding of how the human brain functions, have begun to intersect in important ways with the legal system. Indeed, a growing body of ... More


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