The Origins of Adversary Criminal Trial

Abstract

INTRODUCTION 1. The Lawyer-Free Criminal Trial The Altercation The Rapidity of Trial The Rule Against Defence Counsel The Marian Pretrial The 'Accused Speaks' Trial The Plight of the Accused 2. The Treason Trials Act of 1696: The Advent of Defense Counsel The Treason Trials of the Later Stuarts The Critque of the Trials The Provisions of the Act The Restriction to Treason Of Aristocrats and Paupers: Treason's Legacy for Adversary Criminal Justice 3. The Prosecutorial Origins of Defence Counsel Prosecution Lawyers Prosecution Perjury Making Forgery Felony Evening Up: Defense Counsel Enters the Felony Trial 4. The Law of Criminal Evidence The View From the Sessions Papers The Character Rule The Corroboraion Rule The Confession Rule Unfinished Business: The Hearsay Rule Groping for the Lever: Excluding Evidence 5. From Altercation to Adversary Trial Latency Silencing the Accused Prosecution Counsel Defense Counsel Judicial Acquiescence Jury Trial The Truth Deficit

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