The Origins Of Adversary Criminal Trial by John H. Langbein
A historical study of how the English criminal trial was transformed in the eighteenth century from a rapid, judge- and jury-led proceeding without lawyers into a lawyer-driven adversarial contest. Drawing on Old Bailey records, it traces the rise of defense counsel, systematic cross-examination, and evolving rules of evidence, showing how these developments reshaped the roles of defendants, judges, and juries and fostered protections like the privilege against self-incrimination. It argues that this shift was a contingent response to institutional pressures—such as pretrial examinations and the realities of private prosecution—rather than the continuation of ancient legal traditions.
- Published
- 2003
- Nationality
- American
- Length
- Moderate
- Pages
- 368-400
- Original Language
- English
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- Alternate Titles
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