Chapter

The Early Nineteenth Century Trial

David J. A. Cairns

in Advocacy and the Making of the Adversarial Criminal Trial 1800–1865

Published in print January 1999 | ISBN: 9780198262848
Published online March 2012 | e-ISBN: 9780191682414 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198262848.003.0002

Series: Oxford Studies in Modern Legal History

The Early Nineteenth Century Trial

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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

Chapter.  15339 words. 

Subjects: History of Law

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