Historical foundations of the law of evidence: A view from the ryder sources

Columbia Law Review

Volumn 96, Issue 5, 1996, Pages 1168-

  Langbein, John H ^a  

^a NONE

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Indexed keywords

EID: 0041536913     PISSN: 00101958     EISSN: None     Source Type: Journal    
DOI: 10.2307/1123403     Document Type: Review

References (3)

1. 3 William Blackstone, Commentaries on the Laws of England 330 (Oxford, 1765-69).
2. The use of jury trial has declined materially in American civil practice. The English have effectively abolished civil jury trial. See J.R. Spencer, Jackson's Machinery of Justice 72-73 (8th ed. 1989). Jury trial remains a theoretical entitlement in cases of serious crime throughout the common law world, but plea bargaining and other evasions have rendered criminal jury trial ever more exceptional. I have discussed this phenomenon in John H. Langbein, On the Myth of Written Constitutions: The Disappearance of Criminal Jury Trial, 15 Harv. J.L. & Pub. Pol'y 119 (1992). In the nineteenth century several European legal systems experimented with Anglo-American jury models for certain offenses. Although most European legal systems abandoned the jury court, a number of them retained so-called mixed courts that combine professional judges and juror-like lay judges
3. The use of jury trial has declined materially in American civil practice. The English have effectively abolished civil jury trial. See J.R. Spencer, Jackson's Machinery of Justice 72-73 (8th ed. 1989). Jury trial remains a theoretical entitlement in cases of serious crime throughout the common law world, but plea bargaining and other evasions have rendered criminal jury trial ever more exceptional. I have discussed this phenomenon in John H. Langbein, On the Myth of Written Constitutions: The Disappearance of Criminal Jury Trial, 15 Harv. J.L. & Pub. Pol'y 119 (1992). In the nineteenth century several European legal systems experimented with Anglo-American jury models for certain offenses. Although most European legal systems abandoned the jury court, a number of them retained so-called mixed courts that combine professional judges and juror-like lay judges