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Foundations of American Criminal Due Process at Trial

Foundations of American Criminal Due Process at Trial

Author: Francis R. Herrmann; Brownlow M. Speer
Publisher: Oxford University Press USA
ISBN: 9780199812110

Published In: June 2025
Format: Hardback
Jurisdiction: U.S. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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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.

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