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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: 01 March 2021

The Logic of Reform

The Logic of Reform

(p.56) 3 The Logic of Reform
Advocacy and the Making of the Adversarial Criminal Trial 1800–1865

David J. A. Cairns

Oxford University Press

During the late eighteenth and early nineteenth centuries a number of commentators doubted whether the capital felony process, as rationalized by Paley, was achieving its objective of the prevention of crime. This chapter first considers Samuel Romilly's depiction of the capital felony process and the logic of his proposed reform of punishments. It then explores the implications of this logic for other phases of the penal process, and concludes that the amelioration of capital punishment required a revision of criminal procedure, which the felony counsel restriction was unlikely to survive.

Keywords:   capital felony, Samuel Romilly, penal process, punishment reforms, capital punishment, criminal procedure

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