Author: David John Adams Cairns
Publisher: Oxford University Press on Demand
ISBN: 9780198262848
Category : Law
Languages : en
Pages : 215
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Book Description
During the first half of the 19th century, the criminal trial changed beyond recognition to attain its modern adversarial form. This book discusses the dynamics of this transformation and, in particular, the role of the Prisoners' Counsel Act 1836.
Author: John H. Langbein
Publisher: Oxford University Press, USA
ISBN: 0199258880
Category : Law
Languages : en
Pages : 378
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Book Description
The lawyer-dominated adversary system of criminal trial, which now typifies practice in Anglo-American legal systems, was developed in England in the 18th century. This text shows how and why lawyers were able to capture the trial.
Author: R A Duff
Publisher: Hart Publishing
ISBN: 1841134422
Category : Law
Languages : en
Pages : 219
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Book Description
This book is questions whether the discovery of truth is the central aim of the rules and practices of criminal investigation and trial.
Author: Christopher Allen
Publisher: Routledge
ISBN: 1317670175
Category : Law
Languages : en
Pages : 487
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Book Description
Practical Guide to Evidence provides a clear and readable account of the law of evidence, acknowledging the importance of arguments about facts and principles as well as rules. This fifth edition has been revised and updated to address recent changes in the law and debates on controversial topics such as surveillance and human rights. Coverage of expert evidence has also been expanded to include forensic evidence, bringing the text right up-to-date. Including enhanced pedagogical support such as chapter summaries, further reading advice and self-test exercises, this leading textbook can be used on both undergraduate and professional courses.
Author: Jan-Melissa Schramm
Publisher: Cambridge University Press
ISBN: 110702126X
Category : History
Languages : en
Pages : 309
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Book Description
This book explores the tensions raised by ideas of sacrifice in literature at a time of significant legal and theological change.
Author: Judith Rowbotham
Publisher: Springer
ISBN: 1137317973
Category : History
Languages : en
Pages : 267
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Book Description
Drawing together examples from broadsheet and tabloid newspapers this account of English crime reportage takes readers from the late eighteenth century to the present day. In the post-Leveson world, it is a timely and engaging contextualisation of the history of printed crime news and investigative journalism.
Author: Katherine Watson
Publisher: Routledge
ISBN: 1000765377
Category : History
Languages : en
Pages : 317
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Book Description
This monograph makes a major new contribution to the historiography of criminal justice in England and Wales by focusing on the intersection of the history of law and crime with medical history. It does this through the lens provided by one group of historical actors, medical professionals who gave evidence in criminal proceedings. They are the means of illuminating the developing methods and personnel associated with investigating and prosecuting crime in the eighteenth and nineteenth centuries, when two linchpins of modern society, centralised policing and the adversarial criminal trial, emerged and matured. The book is devoted to two central questions: what did medical practitioners contribute to the investigation of serious violent crime in the period 1700 to 1914, and what impact did this have on the process of criminal justice? Drawing on the details of 2,600 cases of infanticide, murder and rape which occurred in central England, Wales and London, the book offers a comparative long-term perspective on medico-legal practice – that is, what doctors actually did when they were faced with a body that had become the object of a criminal investigation. It argues that medico-legal work developed in tandem with and was shaped by the needs of two evolving processes: pre-trial investigative procedures dominated successively by coroners, magistrates and the police; and criminal trials in which lawyers moved from the periphery to the centre of courtroom proceedings. In bringing together for the first time four groups of specialists – doctors, coroners, lawyers and police officers – this study offers a new interpretation of the processes that shaped the modern criminal justice system.
Author: Doug Coulson
Publisher: Amherst College Press
ISBN: 1943208476
Category : Law
Languages : en
Pages : 285
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Book Description
All judges legitimize their decisions in writing, but US Supreme Court justices depend on public acceptance to a unique degree. Previous studies of judicial opinions have explored rhetorical strategies that produce legitimacy, but none have examined the laudatory, even operatic, forms of writing Supreme Court justices have used to justify fundamental rights decisions. Doug Coulson demonstrates that such “judicial rhapsodies” are not an aberration but a central feature of judicial discourse. First examining the classical origins of divisions between law and rhetoric, Coulson tracks what he calls an epideictic register—highly affective forms of expression that utilize hyperbole, amplification, and vocabularies of praise—through a surprising number of landmark Supreme Court opinions. Judicial Rhapsodies recovers and revalues these instances as significant to establishing and maintaining shared perspectives that form the basis for common experience and cooperation. “Judicial Rhapsodies is both compelling and important. Coulson brings his well-developed knowledge of rhetoric to bear on one of the most central (and most democratically fraught) means of governance in the United States: the Supreme Court opinion. He demonstrates that the epideictic, far from being a dispensable or detestable element of judicial rhetoric, is an essential feature of how the Court operates and seeks to persuade.” —Keith Bybee, Syracuse University
Author: Rose Melikan
Publisher: Manchester University Press
ISBN: 1526137321
Category : History
Languages : en
Pages : 207
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Book Description
This electronic version has been made available under a Creative Commons (BY-NC-ND) open access license. Lawyers had been producing reports of trials and appellate proceedings in order to understand the law and practices of the Westminster courts since the Middle Ages, and printed reports had appeared in the late fifteenth century. This book considers trials in the regular English criminal courts in the eighteenth and nineteenth centuries. It also considers the contribution of criminal lawyers in developing the modern rules of evidence. The book explores the influence of scientific and pseudoscientific knowledge on Victorian insanity trials and trials for homosexual offences, respectively. The British Trials Collection contains the only readily accessible and near-verbatim accounts of civil trials from the 1760s, 1770s, and 1780s, decades crucial to understanding how the rules of evidence developed. It might be thought that Defence of the Realm Acts (DORA) or its regulations would have introduced trials in camera. The book presents a comparative critique of war crimes trials before the International Military Tribunals at Nuremberg and Tokyo and the International Tribunals for the former Yugoslavia and for Rwanda. The first spy trial by court martial after the legal change in 1915 was that of Robert Rosenthal, who was German. The book also considers the principal features of the first war crimes trial of the twenty-first century in terms of personnel and procedures, the alleged crimes, and issues of legality and legitimacy. It also speculates on the narratives or non-narratives of the trial and how these may impact on the professed aims and objectives of the litigation.
Author: Arlie Loughnan
Publisher: Cambridge University Press
ISBN: 1108754961
Category : Law
Languages : en
Pages : 327
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Book Description
Criminal responsibility is now central to criminal law, but it is in need of re-examination. In the context of Australian criminal laws, Self, Others and the State reassesses the general assumptions made about the rise to prominence of criminal responsibility in the period since around the turn of the twentieth century. It reconsiders the role of criminal responsibility in criminal law, arguing that criminal responsibility is significant because it organises key sets of relations - between self, others and the state - as relations of responsibility. Detailed studies of decisive moments and developments since the turn of the twentieth century, and original explorations of relations of responsibility, expose the complexity and dynamism of criminal responsibility and reveal that it is the means by which matters of subjectivity, relationality and power make themselves felt in the criminal law.
