Law Legal History

Foundations of American Criminal Due Process at Trial

Edited by Francis R. Herrmann · Brownlow M. Speer
Oxford University Press USA June 2025

Specifications

ISBN-13
9780199812110
Publisher
Oxford University Press USA
Publication
June 2025
Format
Hardback
Jurisdiction
U.S. ? Countri(es) for reference only

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Details

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 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.

Table of Contents

Introduction
Chapter One: Procedural Norms for Criminal Trials in Roman Antiquity
Chapter Two: The Formation of Procedural Protections in the Western Church of Late Antiquity and the Early Middle Ages
Chapter Three: Defensive Protections in the Western Church of the Ninth Century
Chapter Four: Formulating Fair Trial Procedures in the Roman and Canon Law of the Late-Eleventh and Twelfth Centuries
Chapter Five: Principles of Criminal Procedure in Inquisitorial Proceedings
Chapter Six: Due Process Protections for the Accused in Early English Jury Trials
Chapter Seven: Confronting Opposing Witnesses in Sixteenth Century England
Chapter Eight: Requiring Confessions at Common Law to be Made Voluntarily
Chapter Nine: Silence and Self-Incrimination in England before the Late Seventeenth Century
Chapter Ten: Weaknesses of Defensive Safeguards in the Sixteenth and Seventeenth Centuries
Chapter Eleven: Popular Efforts to Bolster Due Process Protections at Criminal Trials in the Latter Seventeenth Century
Chapter Twelve: The 1696 Treason Act's Recognition of Fair Procedures
Chapter Thirteen: Colonial Esteem of Trial by Jury
Chapter Fourteen: Colonial Fears of the Erosion of Right to Trial by Jury
Chapter Fifteen: Reinforcing Jury-rights; Epilogue: Reflections of the Foundations
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