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Advocacy and the Making of the Adversarial Criminal Trial 1800–1865$
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David J. A. Cairns

Print publication date: 1999

Print ISBN-13: 9780198262848

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780198262848.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 09 March 2021

The Early Nineteenth Century Trial

The Early Nineteenth Century Trial

(p.25) 2 The Early Nineteenth Century Trial
Advocacy and the Making of the Adversarial Criminal Trial 1800–1865

David J. A. Cairns

Oxford University Press

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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