Full Description
A combination of media, personal experience, and education have introduced the average American to their right to a fair trial by jury, a protection set out in the Bill of Rights of the American Constitution. However, the specific rights that set the jury system up for fair trial procedure have roots far older than the Bill of Rights.
Foundations of American Criminal Due Process at Trial delves into a subject whose historical horizon includes the pulpit of St. Augustine, a workshop of ninth-century forgers, the prosecution of pirates in medieval England, and defendants' demands for basic safeguards in English common-law trials. Francis R. Herrmann and Brownlow M. Speer scrutinize previously overlooked primary sources, underline the influence of canon law and classic writings on English law, and trace the fundamental protections of accused persons to Judeo-Christian principles. A text sure to be of interest to practitioners, scholars, and lay readers, 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.
Contents
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
