Trial on indictment in nineteenth century England
The aim of this thesis is to assess how far trial on indictment in nineteenth century England conformed to -.~ the present day concept of a fair trial. What by contemporary English standards are considered the essential elements of a fair trial the thesis deduces from current statute and case law. Having identified these elements it attempts to discover how far they were present in the nineteenth century system. The analysis broadly follows the chronology of the trial itself, with particular attention paid to legal aid, the campaign to abolish the rule rendering prisoners and their spouses incompetent as witnesses in their own defence, and appellate remedies. The conclusion reached is that, although at the start of the nineteenth century the trial system fell well short of the twentieth century model, by the century's end it had (except in relation to legal aid and appellate remedies) moved much closer to it. For its analysis of the trial system the research draws upon eighteenth and nineteenth century law texts supplemented by evidence as to trial practice gleaned from contemporary reports of trials (in particular the reports in The Times, the Central Criminal Court Sessions Papers and Legal Journals), legal
Bentley, David Ronald
Criminal justice system; Courts
Trial on indictment in nineteenth century England. The aim of this thesis is to assess how far trial on indictment in nineteenth century England conformed to -.~ the present day concept of a fair trial. What by contemporary English standards are considered the essential elements of a fair trial the thesis deduces from current statute and case law. Having identified these elements it attempts to discover how far they were present in the nineteenth century system. The analysis broadly follows the chronology of the trial itself, with particular attention paid to legal aid, the campaign to abolish the rule rendering prisoners and their spouses incompetent as witnesses in their own defence, and appellate remedies. The conclusion reached is that, although at the start of the nineteenth century the trial system fell well short of the twentieth century model, by the century's end it had (except in relation to legal aid and appellate remedies) moved much closer to it. For its analysis of the trial system the research draws upon eighteenth and nineteenth century law texts supplemented by evidence as to trial practice gleaned from contemporary reports of trials (in particular the reports in The Times, the Central Criminal Court Sessions Papers and Legal Journals), legal
trial indictment england aim_ass far trial indictment england conform present_day concept fair trial contemporary english standard consider essential_element fair trial current statute case law identified element attempt_discover far present system analysis broadly_follow chronology trial particular_attention_pay legal aid campaign abolish rule render prisoner incompetent witness defence remedy conclusion_reach although start trial system fell well short model except relation legal aid remedy move much closer analysis trial system draw_upon eighteenth law text supplement evidence trial practice glean contemporary report trial particular report times central criminal court papers legal legal