Indeed, until the 1730s, those accused of grievous crimes (felonies such as rape, arson, robbery, et al.) were not allowed to have counsel, though the victim could hire a lawyer to present his/her case if he/she wished. Before this point, the prosecutor (i.e., the victim) and the accused functioned without the benefit of lawyers - the victim brought his/her case before a magistrate, who decided if it were valid to go before a jury in court, and the accused spoke for themselves. The 1780s saw the true implementation of legal counsel, for both the prosecution and the defense, in England. These developments would eventually evolve into the current British judicial system and the outgrowths it spawned - the legal systems of its colonial children. Throughout four series encompassing 16 episodes, this dramatization of the British legal system during the Georgian period has Garrow at its center and a focus on the ground-breaking developments that were taking place in courtroom procedure at this time. It is this part of his life that is featured in Garrow’s Law (2009-2012). He is even credited by many with first introducing the phrase “innocent until proven guilty.” He began his career, however, as a 23-year-old barrister, practicing criminal defense law at the Old Bailey in the early 1780s. Sir William Garrow is a real historical person, a man who in his later career was a prosecutor, Solicitor General and a member of Parliament. A fascinating look at certain aspects of their development can be found in the BBC series Garrow’s Law. And yet, these basic legal rights, which seem so logical, actually took centuries to develop. These are all concepts which are taken for granted under our current system, one born out of English judicial tradition. The burden of proof lies with these prosecutors - the defendant is innocent until proven guilty. Prosecutors are trained legal agents paid by the State, acting for the People in the interests of justice they bring indictments on the People’s behalf and attempt to convict malefactors. An American citizen’s rights within this system are enumerated in black-letter law - we have the right to a trial by our peers, the right to an attorney, the right to fully defend ourselves in court by calling witnesses and presenting evidence, appealing to the jury. The popularity of this type of programming as well as the rabid interest in high-profile trials shows how compelling the workings of the legal system can be.
I admit to being a fan of the original Law & Ordertelevision series, a police procedural/legal drama which ran for 20 years (1990-2010) and resulted in several spin-offs as well as a deluge of related genre offerings. Barrister William Garrow (Andrew Buchan) and his attorney, Mr.
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