By John H. Langbein
The transformation from lawyer-free to lawyer-dominated felony trial occurred in the house of a couple of century, from the 1690's to the 1780's. This ebook explains how the legal professionals captured the trial. as well as traditional felony assets, Professor Langbein attracts upon a wealthy vein of up to date pamphlet bills approximately trials in London's previous Bailey. The publication additionally mines those novel assets to supply the 1st special account of the formation of the legislation of legal evidence.
Responding to menacing prosecutorial tasks (including reward-seeking thieftakers and crown witnesses precipitated to testify with the intention to store their very own necks) the judges of the 1730's made up our minds to permit the defendant to have advice to cross-examine accusing witnesses. through limiting tips to the paintings of studying and cross-examining witnesses, the judges meant that the accused might nonetheless have to reply in individual to the fees opposed to him. Professor Langbein indicates how counsel
manipulated the dynamics of adversary strategy to defeat the judges layout, eventually silencing the accused and remodeling the very goal of the felony trial. Trial ceased to be a chance for the accused to talk, and in its place grew to become an party for protection information to check the prosecution