Prosecuting Crime in the Renaissance: England, Germany, France

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The Lawbook Exchange, Ltd., 2005 - History - 321 pages
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Our present system of criminal prosecution originated in England in the sixteenth century. Langbein traces its development, which was at its most intense during the reign of Queen Mary. He shows how the common law developed a system of official investigation and prosecution that incorporated the medieval institution of the jury trial. He places equal emphasis on the role of the justices of the peace as public prosecutors. The second half of the book compares the English system with those of the Holy Roman Empire (Germany) and France. He concludes by refuting the popular opinion that the English were strongly indebted to continental models. "This is an excellent work of scholarship, exhibiting wide research, erudition and analytical ability." --Joseph H. Smith, Harvard Law Review 88 (1974-1975) 485 JOHN LANGBEIN is Sterling Professor of Law and Legal History at Yale Law School. He has held academic positions at Stanford University, Oxford University, the Max-Planck-Institut fur Europaische Rechtsgeschichte and the Max-Planck-Institut fur Auslandisches und Internationales Strafrecht. Langbein is a member of the American Academy of Arts and Sciences, the International Academy of Comparative Law, the International Association of Procedure Law, and other organizations in the fields of legal history and comparative law. Some of his most distinguished publications and articles include History of the Common Law: The Development of Anglo-American Legal Institutions (2009), Torture and the Law of Proof: Europe and England in the Ancient Regime (1977), and "The Supreme Court Flunks Trusts," Supreme Court Review (1991)."

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The Statutory Intent of Marian Preliminary Examination
The Parliamentary History of the Marian Statutes
The Origins of Examination by the Magistrates in England
The Institutions of Criminal Justice after the Marian Statutes
RomanCanon Inquisitionsprozess
The German Empire before the Carolina
The Carolina
Criminal Procedure in France
Appendix A The Marian Statutes
The Ordinance of VillersCotterets

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Page 5 - ... to take and arrest all those that they may find by indictment, or by suspicion, and to put them in prison ; and to take of all them that be not of good fame, where they shall be found, sufficient surety and mainprize of their good behaviour towards the king and his people...
Page 5 - ... all those that have been pillors and robbers in the parts beyond the sea, and be now come again, and go wandering, and will not labour as they were wont in times past...
Page 11 - ... take the examination of the said prisoner and the information of them that bring him, of the fact and circumstances thereof...
Page 16 - ... thereof; and the same, or as much thereof as shall be material to prove the felony, shall put in writing within two days after the said examination; and the same shall certify in such manner and form, and at such time as they should and ought to do, if such prisoner, so committed or sent to ward, had been bailed, or let to mainprize.

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