Trials

Criminal Trials

Trials from late 17th to early 20th centuries.

Trial Procedures

Quick trials with limited lawyer presence.

Prosecutors

Officials who present the case against defendants.

Judges

Judicial officers overseeing trial proceedings.

Jurors

Citizens selected to decide trial outcomes.

Discretion

Judges' and jurors' flexibility in legal interpretation.

Defendants

Individuals accused of crimes in trials.

Victims

Individuals harmed by the crime being prosecuted.

Confrontation

Direct opposition between prosecutor and defendant.

Witnesses

Individuals testifying for either side in trials.

Eighteenth Century Reforms

Changes improving defense conditions in trials.

Bail

Temporary release of accused before trial.

Magistrates

Judicial officers examining cases pre-trial.

Preliminary Hearing

Initial examination to assess evidence against accused.

Indictments

Formal charges drawn up by clerks.

Felonies

Serious crimes usually requiring imprisonment.

Misdemeanours

Less serious offenses often resulting in bail.

Cross-examine

Questioning of witnesses by the opposing side.

Written Informations

Documents detailing crime facts for prosecution.

Recognizances

Legal obligations for witnesses to appear in court.

Victims' Role

Responsible for reporting crime and identifying culprits.

Evidence Assessment

Magistrates' evaluation of case strength before trial.

Legal Definition

Defines offences to determine potential punishments.

Defendant's Plea

Prisoners formally charged and asked to plead.

Not Guilty Plea

Majority of defendants chose this plea historically.

Guilty Plea

Became more common after death penalty decline.

Peine Forte et Dure

Punishment for refusing to plead, involving weights.

Trial Duration

Average trial lasted about thirty minutes.

Batch Trials

Multiple cases tried together by juries.

Immediate Verdicts

Juries presented verdicts without leaving the room.

Witness Testimony

Primary evidence source during trials.

Cross-Examination

Defendants questioned prosecution witnesses during trials.

No Presumption of Innocence

Defendants must prove their innocence in court.

Courtroom Arrangement

Jurors sat together for quick verdicts.

Charge Reading

Clerk reads charges at the start of trials.

Prosecution Case

Presented after charge reading by the prosecutor.

Defendant's Case

Defendant states their case after prosecution's evidence.

Witness Compulsion

Defendants could not compel witnesses to attend.

Trial Scheduling

Trials were unscheduled, complicating witness appearances.

Reforms of 1827

Refusal to plead redefined as pleading innocent.

Death Penalty

Historically influenced plea dynamics until early 19th century.

Grand Jury Approval

Indictments must be approved before formal charges.

Courtroom Environment

Defendants often unprepared for rapid trial proceedings.

Judicial Cross-Examination

Judges conducted cross-examinations during trials.

Good Character Witnesses

Testify to defendant's positive reputation for leniency.

Prosecution Growth

Increased use of lawyers due to commerce expansion.

1752 Statute

Reimbursed expenses for poor prosecutors upon conviction.

1778 Statute

Extended reimbursement to all successful prosecutors.

Prosecution Counsel

Widespread use by 1834 in legal cases.

Defendants' Legal Representation

Allowed in misdemeanour and treason cases.

Felony Case Exclusion

Defendants lacked representation until mid-1730s.

Judges' Role

Conduct trials, examine witnesses, sum up cases.

Defence Lawyers' Influence

Cross-examine prosecution witnesses, question motives.

Thief-Takers

Could earn immunity for testifying against accomplices.

Corroboration Requirement

Accomplice evidence needed support from another witness.

Hearsay Evidence

Defence lawyers increased scepticism towards its validity.

Privilege of Silence

Defendants could remain silent during trials.

Burden of Proof Shift

Moved onto prosecutor due to defence participation.

Courtroom Power Balance

Gradually shifted towards defendants in early 19th century.

Judges' Pressure on Juries

Demanded explanations for jury verdicts during trials.

Lawyer Assignment

Judges began assigning lawyers in the 1820s.

Legal Assistance for Poor

Defendants could seek funding for representation.

Limited Benefits

Few defendants accessed legal aid through benefactors.

Trial Conduct

Judges influenced outcomes by expressing personal views.

Defence Counsel Usage

Rare until late 18th century, even in 1800.

Supreme Authority

Judges exercised ultimate power in court proceedings.

Adversarial Contest

Legal battle between opposing lawyers in court.

Verdict

Decision reached by the jury on a case.

Jury Retirement

Jury's deliberation period to reach a verdict.

Foreman

Lead juror who communicates jury decisions.

Partial Verdict

Finding of guilt on some charges only.

Sentencing

Judges impose punishment after a guilty verdict.

Capital Crimes

Serious offenses punishable by death penalty.

Pleading Belly

Claiming pregnancy to delay execution.

Pardon

Official forgiveness for a convicted individual.

Court of Criminal Appeal

Court for reviewing criminal verdicts and sentences.

Writ of Error

Legal document challenging indictment wording.

Special Verdict

Judges refer complex legal points to Twelve Judges.

Prisoners' Counsel Act 1836

Allowed defense lawyers to address juries.

Indictment

Formal charge or accusation against a defendant.

Felony Cases

Serious criminal offenses requiring immediate trial.

Legal Assistance

Support provided by lawyers during legal proceedings.

Witness Expenses

Costs incurred by prosecution witnesses for court appearance.

Benefit of Clergy

Legal privilege reducing severity of punishment.

Respited Sentence

Postponement of a sentence, often due to pregnancy.

Judicial Discretion

Judges' flexibility in determining sentences.

Convicted Defendants

Individuals found guilty of crimes in court.

Trial Disadvantage

Defendants often lacked resources and preparation time.

Sympathetic Judges

Judges who may favor defendants over prosecution.

what year magistrate forbidden

1848