LAWS 3305 Lecture Notes - Lecture 3: Star Chamber, Industrial Revolution, Old Bailey
30 Sep 2020
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Late 17th c. libertarian developments in criminal law: Parliament enacted legislation overrules crown prerogative, parliament is now the supreme law maker. Habeas corpus act, 1679 - no indefinite detention- Prior to this, went to tower of london, then the corner star chamber would convict and kill you. Can be suspended by temporary emergency legislation from parliament. Right to be tried in reasonable time. Glorious revolution, 1689 - all persons charged entitled to a jury of peers and crown prerogative powers to be exercised circumspectly, Limited royal prerogative, subservient to parliamentary acts and legislation. Right to defence counsel and advance look at crown evidence only for treason. Prosecution must have two witnesses to act of treason. Created opened the door for the idea of the right to defence council and protections for accused. Proper right to defence council not extended until 1836.
