Foundations of American Criminal Due Process at Trial anchors American fair trial rights in the geography and chronology of a Western legal tradition that encompasses Rome, medieval Europe, and England.
Foundations of American Criminal Due Process at Trial anchors American fair trial rights in the geography and chronology of a Western legal tradition that encompasses Rome, medieval Europe, and England.
Frank R. Herrmann is Professor of Law Emeritus at Boston College Law School. His writing covers subjects including criminal legal history, roman-canon law, and the forensic use of history. He is an experienced criminal defense attorney in the trial and appellate courts of Massachusetts. Brownlow M. Speer formerly served as the Chief Appellate Attorney of the Massachusetts state public defence agency. During his career, he was elected a Fellow of the American Academy of Appellate Lawyers and received numerous awards including the Kutak-Dodds Prize for public defense. He was a graduate of Haverford College, Oxford University, and Harvard Law School.
Inhaltsangabe
* 1: Procedural Norms for Criminal Trials in Roman Antiquity * 2: The Formation of Procedural Protections in the Western Church of Late Antiquity and the Early Middle Ages * 3: Defensive Protections in the Western Church of the Ninth Century * 4: Formulating Fair Trial Procedures in the Roman and Canon Law of the Late Eleventh and Twelfth Centuries * 5: Principles of Criminal Procedure in Inquisitorial Proceedings * 6: Due Process Protections for the Accused in Early English Jury Trials * 7: Confronting Opposing Witnesses in Sixteenth-Century England * 8: Requiring Confessions at Common Law to Be Made Voluntarily * 9: Silence and Self-incrimination in England Before the Late Seventeenth Century * 10: Weaknesses of Defensive Safeguards in the Sixteenth and Seventeenth Centuries * 11: Popular Efforts to Bolster Due Process Protections at Criminal Trials in the Later Seventeenth Century * 12: The 1696 Treason Act's Recognition of Fair Procedures * 13: Colonial Esteem of Trial by Jury * 14: Colonial Fears of the Erosion of Right to Trial by Jury * 15: Reinforcing Jury-rights * Epilogue: Reflections on the Foundations
* 1: Procedural Norms for Criminal Trials in Roman Antiquity * 2: The Formation of Procedural Protections in the Western Church of Late Antiquity and the Early Middle Ages * 3: Defensive Protections in the Western Church of the Ninth Century * 4: Formulating Fair Trial Procedures in the Roman and Canon Law of the Late Eleventh and Twelfth Centuries * 5: Principles of Criminal Procedure in Inquisitorial Proceedings * 6: Due Process Protections for the Accused in Early English Jury Trials * 7: Confronting Opposing Witnesses in Sixteenth-Century England * 8: Requiring Confessions at Common Law to Be Made Voluntarily * 9: Silence and Self-incrimination in England Before the Late Seventeenth Century * 10: Weaknesses of Defensive Safeguards in the Sixteenth and Seventeenth Centuries * 11: Popular Efforts to Bolster Due Process Protections at Criminal Trials in the Later Seventeenth Century * 12: The 1696 Treason Act's Recognition of Fair Procedures * 13: Colonial Esteem of Trial by Jury * 14: Colonial Fears of the Erosion of Right to Trial by Jury * 15: Reinforcing Jury-rights * Epilogue: Reflections on the Foundations
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