The Early Nineteenth Century Trial
The Early Nineteenth Century Trial
The appeal of felony was a truly private form of prosecution, akin to a civil suit, while an indictment was presented in the King's name. As early as the reign of Edward I the royal presence appears as the justification for the denial of counsel, with the court in one case telling the prisoner he could not have counsel against the King. Royal involvement joins capital punishment as an early mark of the felony counsel restriction. A reflective discussion of the felony counsel restriction appears in the second dialogue of Doctor and Student (1530).
Keywords: appeal of felony, prosecution, civil suit, Edward I, counsel, capital punishment
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