scholarly journals Representing the Adversary Criminal Trial: Lawyers in the Old Bailey Proceedings, 1770–1800 *

Author(s):  
Robert Shoemaker
Keyword(s):  
2002 ◽  
Vol 6 (1) ◽  
pp. 25-45 ◽  
Author(s):  
Peter Duff

On 1 April 1996, a rather odd provision was introduced into the Scottish criminal justice process, namely a duty on both prosecution and defence to try to agree uncontroversial evidence in advance of criminal trial.1 As far as the writer is aware, such a provision is unique, although the philosophy underlying its introduction is not totally alien to inquisitorial systems of criminal justice.2 What is particularly peculiar about this duty is that there is no sanction for a failure, however unreasonable, to agree uncontroversial evidence.3 The lack of a sanction resulted from a concern that the creation of any penalty would impinge unjustifiably upon the rights of the accused. The intention in this article is to explore in detail the relationship between the duty to agree uncontroversial evidence and the position of the accused, and to suggest that the imposition of a sanction for a breach of this duty is not as problematic as was thought by those responsible for the legislation.


Author(s):  
William Ughetta ◽  
Brian W. Kernighan
Keyword(s):  

2021 ◽  
pp. 007542422098206
Author(s):  
Claudia Claridge ◽  
Ewa Jonsson ◽  
Merja Kytö

Even though intensifiers have received a good deal of attention over the past few decades, downtoners, comprising diminishers and minimizers, have remained by and large a neglected category (but cf. Brinton, this issue). Among downtoners, the adverb little or a little stands out as the most frequent item. It is multifunctional and serves as a diminishing and minimizing intensifier and also in non-degree uses as a quantifier, frequentative, and durative. Therefore, the present paper is devoted to the structural and functional profile of ( a) little in Late Modern English speech-related data. The data source is the socio-pragmatically annotated Old Bailey Corpus (OBC, version 2.0), which allows, among other things, the investigation of the usage of the item among different speaker groups. Our research charts the semantic and formal uses of adverbial little. Downtoner uses outnumber non-degree uses in the data, and diminishing uses are more common than minimizing uses. The formal realization is predominantly a little, with very rare determinerless or modified instances, such as very little. Little modifies a wide range of “targets,” but most frequently adjectives and prepositional phrases, focusing on human states and circumstantial detail. With regard to variation and change, adverbial little declines in use over the 200 years and is used more commonly by speakers from the lower social ranks and by the lay, non-professional participants in the courtroom.


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