Domestic and International Trials, 1700-2000Maureen Mulholland, R. A. Melikan Lawyers had been producing reports of trials and appellate proceedings in order to understand the law and practices of the Westminster courts since the Middle Ages, and printed reports had appeared in the late fifteenth century. This book considers trials in the regular English criminal courts in the eighteenth and nineteenth centuries. It also considers the contribution of criminal lawyers in developing the modern rules of evidence. The book explores the influence of scientific and pseudoscientific knowledge on Victorian insanity trials and trials for homosexual offences, respectively. The British Trials Collection contains the only readily accessible and near-verbatim accounts of civil trials from the 1760s, 1770s, and 1780s, decades crucial to understanding how the rules of evidence developed. It might be thought that Defence of the Realm Acts (DORA) or its regulations would have introduced trials in camera. The book presents a comparative critique of war crimes trials before the International Military Tribunals at Nuremberg and Tokyo and the International Tribunals for the former Yugoslavia and for Rwanda. The first spy trial by court martial after the legal change in 1915 was that of Robert Rosenthal, who was German. The book also considers the principal features of the first war crimes trial of the twenty-first century in terms of personnel and procedures, the alleged crimes, and issues of legality and legitimacy. It also speculates on the narratives or non-narratives of the trial and how these may impact on the professed aims and objectives of the litigation. |
Contents
a view from the British Trials collection T P Gallanis | 12 |
the use of character evidence in Victorian | 36 |
homosexual offences presented at the Old Bailey | 38 |
how the House of Lords tried | 54 |
The invention of trials in camera in security cases | 76 |
legality | 107 |
Common terms and phrases
accused alleged appeared argued arrest Article atrocities August bill Bordeaux British Brougham century Chamber character evidence charged civil committed common Comyns Carr conduct convicted counsel court martial courtroom CRIM crimes against humanity crimes against peace crimes trials Criminal Law cross-examination decision defence defendant's DORA espionage executed Felstead Foreign Office former Yugoslavia France French genocide Home Office homosexual homosexual acts House of Lords Human Rights humanitarian law Ibid ICTR ICTY indictment insanity international criminal court international law Japan Japanese Jews Journal of International judges July jurisdiction jury justice Keenan Kosovo lawyers MacArthur Maurice Papon military Milosevic Minister moral November Nuremberg Trial October offences opinion Oxford Papon persons political prison proceedings prosecution Prosecutor Queen reported responsibility Röling rules Rwanda Serbia Shigemitsu sodomy Statute testimony tion Tojo Tokyo trial transcript trials in camera Tribunal tried University Press Vichy victims vols London Webb