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Advocacy and the Making of the Adversarial Criminal Trial 1800–1865$
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David J. A. Cairns

Print publication date: 1999

Print ISBN-13: 9780198262848

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780198262848.001.0001

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The Early Nineteenth Century Trial

The Early Nineteenth Century Trial

Chapter:
(p.25) 2 The Early Nineteenth Century Trial
Source:
Advocacy and the Making of the Adversarial Criminal Trial 1800–1865
Author(s):

David J. A. Cairns

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198262848.003.0002

The appeal of felony was a truly private form of prosecution, akin to a civil suit, while an indictment was presented in the King's name. As early as the reign of Edward I the royal presence appears as the justification for the denial of counsel, with the court in one case telling the prisoner he could not have counsel against the King. Royal involvement joins capital punishment as an early mark of the felony counsel restriction. A reflective discussion of the felony counsel restriction appears in the second dialogue of Doctor and Student (1530).

Keywords:   appeal of felony, prosecution, civil suit, Edward I, counsel, capital punishment

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