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Ronald Banaszak - Fair Trial Rights of the Accused: A Documentary History

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Use this collection of over 60 primary documents to trace the evolution of trial rights from English and colonial beginnings to our contemporary understanding of their meaning. Court cases and other documents bring to life the controversies that have historically surrounded the rights of those who have been accused in the American legal system. Explanatory introductions to documents aid users in understanding the various arguments put forth and the context in which the document was written, while illuminating the significance of each document.Students will be able to trace how the expansion of trial rights is directly correlated to historical events and social concerns. Documents are arranged chronologically to provide readers with a clear view of the long convoluted history of these rights in our country and to clearly illustrate how trial rights have grown over time to provide more protection for a growing number of individuals. A general introduction to the volume further explores the history of the concept of trial rights to provide a complete reference resource to complicated issues.

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title Fair Trial Rights of the Accused A Documentary History Primary - photo 1
title:Fair Trial Rights of the Accused : A Documentary History Primary Documents in American History and Contemporary Issues, 1069-5605
author:Banaszak, Ronald A.
publisher:Greenwood Publishing Group
isbn10 | asin:0313305250
print isbn13:9780313305252
ebook isbn13:9780313007002
language:English
subjectFair trial--United States--History--Sources, Due process of law--United States--History--Sources.
publication date:2002
lcc:KF9223.4.F35 2002eb
ddc:345.73/056
subject:Fair trial--United States--History--Sources, Due process of law--United States--History--Sources.

Page i

Fair Trial Rights of the Accused

Page ii

Primary Documents in American History and Contemporary Issues

The Abortion Controversy

Eva R. Rubin, editor

Affirmative Action

Jo Ann Ooiman Robinson, editor

The AIDS Crisis

Douglas A. Feldman and Julia Wang Miller, editors

Capital Punishment in the United States

Bryan Vila and Cynthia Morris, editors

Constitutional Debates on Freedom of Religion

John J. Patrick and Gerald P. Long, editors

Drugs and Drug Policy in America

Steven Belenko

The Environmental Debate

Peninah Neimark and Peter Rhoades Mott, editors

Equal Protection and the African American Constitutional Experience

Robert P. Green, Jr., editor

Founding the Republic

John J. Patrick, editor

Free Expression in America

Sheila Suess Kennedy, editor

Genetic Engineering

Thomas A. Shannon, editor

The Gun Control Debate

Marjolijn Bijlefeld, editor

Major Crises in Contemporary American Foreign Policy

Russell D. Buhite, editor

The Right to Die Debate

Marjorie B. Zucker, editor

The Role of Police in American Society

Bryan Vila and Cynthia Morris, editors

Sexual Harassment in America

Laura W. Stein

States Rights and American Federalism

Frederick D. Drake and Lynn R. Nelson, editors

U. S. Immigration and Naturalization Laws and Issues

Michael LeMay and Elliott Robert Barkan, editors

Womens Rights in the United States

Winston E. Langley and Vivian C. Fox, editors

Page iii

FAIR TRIAL RIGHTS OF THE ACCUSED

A Documentary History

Edited by RONALD BANASZAK, SR.

Primary Documents in American History and Contemporary Issues

Fair Trial Rights of the Accused A Documentary History - image 2

GREENWOOD PRESS

Westport, Connecticut London

Page iv

Library of Congress Cataloging-in-Publication Data

Fair trial rights of the accused : a documentary history / edited by
Ronald Banaszak, Sr.
p. cm.(Primary documents in American history and contemporary issues,
ISSN 10695605)
Includes bibliographical references and index.
ISBN 0313305250 (alk. paper)
1. Fair trialUnited StatesHistorySources. 2. Due process of lawUnited
StatesHistorySources. I. Banaszak, Ronald A. II. Series.
KF9223.4.F35 2002
345.73056dc21 2001023304

British Library Cataloguing in Publication Data is available.

Copyright 2002 by Ronald Banaszak, Sr.

All rights reserved. No portion of this book may be
reproduced, by any process or technique, without the
express written consent of the publisher.

Library of Congress Catalog Card Number: 2001023304

ISBN: 0-313-30525-0
ISSN: 10695605

First published in 2002

Greenwood Press, 88 Post Road West, Westport, CT 06881

An imprint of Greenwood Publishing Group, Inc.
www.greenwood.com

Printed in the United States of America

Picture 3

The paper used in this book complies with the
Permanent Paper Standard issued by the National
Information Standards Organization (Z39.481984).

10 9 8 7 6 5 4 3 2 1

Page v

Contents

Series Foreword

ix

Introduction

xi

Significant Events in the History of Fair Trial Rights

xxxv

PART I:
Trial Rights in Americas Founding Era

Document 1:

Magna Carta (1215)

Document 2:

Petition of Right (1628)

Document 3:

Bill of Rights (1689)

Document 4:

Massachusetts Body of Liberties (1641)

Document 5:

Concessions and Agreements of West New Jersey (1677)

Document 6:

Pennsylvania Frame of Government (1682)

Document 7:

New York Charter of Libertyes and Priviledges(1683)

Document 8:

Pennsylvania Charter of Privileges (1701)

Document 9:

Address to the Inhabitants of Quebec (1774)

Document 10:

Virginia Declaration of Rights (1776)

Document 11:

New Jersey Constitution (1776)

Document 12:

Massachusetts Declaration of Rights (1780)

Document 13:

Northwest Ordinance (1787)

Document 14:

Page vi

U.S. Constitution, Article III, Section 2 (1787)

Document 15:

The Federalist No. 83 (1788)

Document 16:

U.S. Constitution, Amendments Five and Six (1791)

PART II:
Early Nineteenth-Century Trial Rights

Document 17:

Barron v. Mayor & City Council ofBaltimore (1833)

Document 18:

An Act Relating to Habeas Corpus, and Regulating Judicial Proceedings in Certain Cases (1863)

Document 19:

Ex Parte Milligan (1866)

Document 20:

Amendment Fourteen to the U.S. Constitution (1868)

PART III:
The Fourteenth Amendment, Due Process, and Trial

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