The Origins of Adversary Criminal Trial


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.




The Rise and Fall of Treason in English History


Book Description

This book explores the development and application of the law of treason in England across more than a thousand years, placing this legal history within a broader historical context. Describing many high-profile prosecutions and trials, the book focuses on the statutes, ordinances and customs that have at various times governed, limited and shaped this worst of crimes. It explores the reasons why treason coalesced around specific offences agreed by both the monarch and the wider political nation, why it became an essential instrument of enforcement in high politics, and why, over the past three hundred years, it has gradually fallen into disuse while remaining on the statute book. This book also considers why treason as both a word and a concept remains so potent in wider modern culture, investigating prevalent current misconceptions about what is and what is not treason. It concludes by suggesting that the abolition or 'death' of treason in the near future, while a logical next step, is by no means a foregone conclusion. The Rise and Fall of Treason in English History is a thorough academic introduction for scholars and history students, as well as general readers with an interest in British political and legal history.




Treason and Rebellion in the British Atlantic, 1685-1800


Book Description

This book examines internal political conflicts in the British Empire within the legal framework of treason and sedition. The threat of treason and rebellion pervaded the British Atlantic in the 17th and 18th centuries; Britain's control of its territories was continually threatened by rebellion and war, both at home and in North America. Even after American independence, Britain and its former colony continued to be fearful that opposition and revolution might follow the French example, and both took legal measures to control both speech and political action. This study places these conflicts within a political and legal framework of the laws of treason and sedition as they developed in the British Atlantic. The treason laws originated in the reign of Edward III, and were adapted and modified in the 16th and 17th centuries. They were exported to the colonies, where they underwent both adaptation and elaboration in application in the slave societies as well as those dominated by free settlers. Relationships with natives and European rivals in the Americas affected the definitions of treason in practice, and the divided loyalties of the American revolutionary war added further problems of defining loyalty and treachery. Treason and Rebellion in the British Atlantic, 1685-1800 offers a new study of treason and sedition in the period by placing them in a truly transatlantic perspective, making it a valuable study for those interested in the legal and political of Britain's empire and 18th-century revolutions.










Twelve Good Men and True


Book Description

Twelve Good Men and True brings together some of the most ambitious and innovative work yet undertaken on the history of an English legal institution. These eleven essays examine the composition of the criminal trial jury in England, the behavior of those who sat as jurors, and popular and official attitudes toward the institution of jury trial from its almost accidental emergence in the early thirteenth century until 1800. The essays have important implications for three problems central to the history of criminal justice administration in England: the way in which the medieval jury was informed and reached its verdict; the degree and form of independence enjoyed by juries during the early modern period when the powers of the bench were very great; and the role of the eighteenth-century trial jury, which, although clearly independent, was, by virtue of the status and experience of its members, arguably a mere extension of the bench. This extensive collection marks the first occasion on which scholars working in several different time periods have focused their attention on the history of a single legal institution. Written by J. M. Beattie, J. S. Cockburn, Thomas A. Green, Roger D. Groot, Douglas Hay, P.J.R. King, P. G. Lawson, Bernard William McLane, J. B. Post, Edward Powell, and Stephen K. Roberts, the essays utilize sophisticated techniques to establish from a variety of manuscript sources the wealth, status, and administrative experience of jurors. Originally published in 1988. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.




Defining a British State


Book Description

Explores the formation of the British state and national identity from 1603-1820 by examining the definitions of sovereignty and allegiance presented in treason trials. The king's person remained central to national identity and the state until republican challenges forced prosecutors in treason trials to innovate and redefine sovereign authority.







A Brave Man Stands Firm


Book Description

It has been often said that OC an institution is lengthened by the shadow of one man.OCO This is certainly true of John Marshall, who established the Supreme Court, made the judiciary a co-equal branch of government, and served as Chief Justice of the United States Supreme Court from 1801OCo1835. In this book a legal expert discusses the battles over the judiciary between Chief Justice John Marshall and President Thomas Jefferson during the Jefferson Presidency. The focus is on the treason trial of Aaron Burr and the story interweaves conflicts over the Judiciary Acts, Marbury v. Madison, and impeachment. Why did Thomas Jefferson and John Marshall become such great antagonists? In the dramas between these men, President Jefferson is seen in far different light than usual. John Marshall was interested in doing whatever it would take to make the United States successful; he believed in an ordered society. Jefferson, more a philosopher and a romantic, was interested in ideas rather than order. But research reveals that, despite JeffersonOCOs reputation as a champion of civil liberties, he jumped to publicly proclaim BurrOCOs guilt -- before he was even arrested, much less indicted and tried. Jefferson was intimately involved in trial strategy, writing numerous letters to the lead prosecutor. Chief Justice John Marshall responded decisively to JeffersonOCOs efforts to influence, if not dictate to, the Judicial Branch. In fact, Chief Justice John Marshall, usually presented as a champion of property rights and commerce, ensured that the rule of law prevailed despite enormous pressures, throughout the criminal trial. Letters between Jefferson and Prosecutor George Hay, and excerpts from the trial transcript and court opinions, support the authorOCOs thesis."




The Routledge Handbook of Forensic Linguistics


Book Description

Forensic linguistics is the study of language and the law, covering topics from legal language and courtroom discourse to plagiarism. This book deals with the ideas, debates, topics, approaches and methodologies in forensic linguistics. It is suitable for undergraduates and postgraduates