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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 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 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


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


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


Regulation of Defence Counsel: An Evolution Towards Restriction and Legitimacy

Nancy Amoury Combs

in The Legacy of the International Criminal Tribunal for the Former Yugoslavia

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199573417
eISBN:
9780191728822
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199573417.003.0011
Subject:
Law, Public International Law, Criminal Law and Criminology

This chapter details the evolution of the ICTY's rules governing the initiation and termination of defence representation, and links that evolution to the maturing of international criminal law as a ... More


The Forgotten Population: A Look at Death Row in the United States through the Experiences of Women

Capital Punishment Project, Women’s Rights Project, National Prison Project, National Criminal Justice Program, and the National Clearinghouse for the Defense of Battered Women

in Interrupted Life: Experiences of Incarcerated Women in the United States

Published in print:
2010
Published Online:
March 2012
ISBN:
9780520252493
eISBN:
9780520944565
Item type:
chapter
Publisher:
University of California Press
DOI:
10.1525/california/9780520252493.003.0061
Subject:
Sociology, Gender and Sexuality

Since 1973, 148 women have been sentenced to death in the United States. As of December 2004, there were 50 women on death row. According to a report entitled “The Forgotten Population,” women's ... More


Helping Adolescents Succeed: Assuring a Meaningful Right to Counsel

Carlos J. Martinez

in A New Juvenile Justice System: Total Reform for a Broken System

Published in print:
2015
Published Online:
March 2016
ISBN:
9781479898800
eISBN:
9781479800308
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9781479898800.003.0012
Subject:
Law, Family Law

This chapter argues for a robust, well-supported, highly trained public defender as critical to the successful youth rehabilitation. Indeed, defense counsel plays a critical role in ensuring that ... More


Inside the Courtroom

in The Trial in American Life

Published in print:
2007
Published Online:
March 2013
ISBN:
9780226243252
eISBN:
9780226243283
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226243283.003.0002
Subject:
History, Cultural History

The catalog of performers in a trial include the presiding judge, the prosecuting attorney, the defense counsel, the witness, the jury, the defendant, and the victim. Judges in an American courtroom ... More


The Philadelphia Treason Trials, 1778–1779: TRIAL AND DELIBERATION

Carlton F.W. Larson

in The Trials of Allegiance: Treason, Juries, and the American Revolution

Published in print:
2019
Published Online:
September 2019
ISBN:
9780190932749
eISBN:
9780190932770
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190932749.003.0008
Subject:
History, American History: early to 18th Century, Cultural History

This chapter begins by introducing the defendants, who were predominantly Quaker and Anglican artisans of relatively modest means. Some had actively supported resistance activities and many had ... More


Drinking from a Poisoned Chalice: A Portrait of the U.S. Military Commissions at Guantánamo

John G. Baker, Mary E. Spears, and Katherine S. Newell

in Interrogation and Torture: Integrating Efficacy with Law and Morality

Published in print:
2020
Published Online:
January 2020
ISBN:
9780190097523
eISBN:
9780190097554
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190097523.003.0020
Subject:
Law, Human Rights and Immigration, Legal Profession and Ethics

The following is an adaptation of the keynote speech given by John G. Baker at the 2018 NATSECDEF Conference, “Preserving Justice in National Security,” hosted by the George Washington University Law ... More


“The World Is Watching”: (September 10–September 18)

Davis W. Houck, Matthew A. Grindy, and Keith A. Beauchamp

in Emmett Till and the Mississippi Press

Published in print:
2008
Published Online:
March 2014
ISBN:
9781934110157
eISBN:
9781604733044
Item type:
chapter
Publisher:
University Press of Mississippi
DOI:
10.14325/mississippi/9781934110157.003.0005
Subject:
Society and Culture, Media Studies

This chapter examines the preparations made by both sides in the trial of Emmett Till. It relates how lawyers Sidney Carlton, J.W. Kellum, J.J. Breland, John W. Whitten, and Harvey Henderson, formed ... More


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