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Titlebook: Speaking in Court; Developments in Cour Andrew Watson Book 2019 The Editor(s) (if applicable) and The Author(s) 2019 Legal history.Courts.C

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Changes and Influences on Jury Advocacy in England and Wales During the Second Half of the Twentieta “democratization”, brought about by the Juries Act 1974, leading to great alterations in the way jurors were addressed and different allusions and references put before them; reduction, and eventual abolition, by the Criminal Justice Act, 1988, of peremptory challenge of jurors; removal of certain
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Appearances: Broadcasting and Dress,n this Chapter and the effects of televising courts on advocacy and advocates considered, with reference to limited available overseas research. This is followed by the question of dress in court. It has been said by some that the traditional attire of judges and barristers, often seen as emblematic
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Distinguished Advocates, Judges, Classical Learning and Other Influences on Advocacy in the Eighteeuously Thomas Erskine, who also did much to establish the moral basis for its practise, are described. Mention is made of previous cases becoming binding authority, the doctrine of stare decisis, before courts in the eighteenth century and the effects of this on advocates, who had to adapt their submissions to take account of that key change.
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Prohibition Against Counsel in Felony Trials and the Consequences of its Erosion,lengthy campaign, and opposition to it, to remove the felony prisoners’ handicap of not being allowed to have counsel address the jury on their behalf which culminated in the Prisoners’ Counsel Act 1836 is recounted. Also described in this chapter is the limited scope for advocacy in civil trials in the eighteenth and early nineteenth centuries.
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The Late Nineteenth Century and the Beginning of the Twentieth Century, was affected by rules concerning the content of opening speeches. It was also influenced by having to accommodate increasing numbers of expert witnesses. Examination of witnesses, especially cross-examination, became a much more precise and subtle endeavour, far removed from earlier indiscriminate and instinctual performances.
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