Jump to ContentJump to Main Navigation
The Origins of Adversary Criminal Trial$
Users without a subscription are not able to see the full content.

John H. Langbein

Print publication date: 2005

Print ISBN-13: 9780199287239

Published to Oxford Scholarship Online: January 2010

DOI: 10.1093/acprof:oso/9780199287239.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 31 October 2020

The Prosecutorial Origins of Defense Counsel

The Prosecutorial Origins of Defense Counsel

(p.106) 3 The Prosecutorial Origins of Defense Counsel
The Origins of Adversary Criminal Trial

John H. Langbein

Oxford University Press

In the 1730s, English judges began to depart from the rule against defense counsel in cases of felony, by allowing counsel to examine and cross-examine witnesses. This change in practice effectively extended adversary procedure from treason to ordinary felony. The judges acted in response to a series of innovations in prosecutorial practice which had eroded the older notion of the trial as a lawyer-free altercation between accuser and accused. These prosecutorial developments included the reward system, commencing in the 1690s, which offered huge bounties to encourage the prosecution of certain serious property crimes, at the risk of inducing false witnesses; the crown witness system for obtaining accomplice evidence in gang crimes, which created further incentives for perjured testimony; and the growing use of prosecution lawyers (especially among institutional prosecutors such as the Mint and the Bank of England) to investigate and prosecute criminal cases.

Keywords:   Bank of England, criminal gangs, criminal trial, crown witness, defense counsel, high treason, judges, Mint, perjury, prosecution counsel

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .