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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 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


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