jan 1, 1791 - Presumption of Innocence

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- This concept was brought to the common law by attorneys (most notably Sir. William Garrow), who had been gradually accepted by courts to act on behalf of clients in criminal cases.
- Until this point, accused made their own defence and could only rely on the judge to sometimes aid them.
- Illuminism cientificism found its way to the court rooms, so theories (accusation) were tested against evidence brought by the parties.

Adversarial system
It is indisputable that Garrow massively affected the modern, adversarial court system used in several western nations and the rules of evidence, although he was barely aware of it. Prior to Garrow's time, defendants in felony cases were not allowed to have defence counsel; as a result, every defendant for arson, rape, robbery, murder and most forms of theft was forced to defend themselves.[63] The first step away from this was with the Trials Act 1696, which allowed treason defendants the right to a counsel. Garrow's practice was a further step forward; with his aggressive and forthright style of cross-examination, he promoted a more committed defence of clients, and indirectly reformed the process of advocacy in the 18th century.[64] His area of advocacy (he was counsel for the defence in 83% of his cases) and style is considered key by Beattie in establishing the "new school" of advocacy;[65] his aggressive style in defence set a new style for advocates to follow that assisted in counteracting a legal system biased against the defendant. While he was not the sole cause of this reform, his position at the head of the Bar meant that he served as a highly visible example for new barristers to take after.[66] In some ways Garrow was far ahead of his time; he coined the phrase "innocent until proven guilty" in 1791,[67] although the jury refused to accept this principle and it was not confirmed by the courts until much later.[68]

Evidence
Garrow also influenced the rules of evidence, which were only just beginning to evolve when he started his career. His insistence that hearsay and copied documents could not be admitted in evidence led to the best evidence rule.[69][70] He was crucial in insisting on the autonomy of lawyers when inducting evidence, in one case openly arguing with the trial judge to insist that the advocates have independence in submitting it.[71] During this period, the use of partisan medical experts was particularly problematic. While medical experts were regularly called at the Old Bailey,[72] the use of partisan experts was resisted, and at the beginning experts were given limited authority.[73] While this increased towards the end of the 17th century, in line with the judges' increasing desire for certainty and facts,[74] Garrow is noted as an excellent example of the attitude lawyers took when cross-examining such witnesses. When defending Robert Clark, accused of killing John Delew by kicking him in the stomach, Garrow used a mixture of aggressive cross-examination and medical knowledge to get the prosecution's medical expert to admit that he could not prove how Delew had died.[75] Garrow and later advocates learned how to effectively "interrogate" such witnesses, strengthening their own arguments (when it was their expert) or demolishing those of others (when it was an expert attached to the other side).[76]

WILLIAM GARROW
Sir William Garrow PC KC FRS (13 April 1760 – 24 September 1840) was an English barrister, politician and judge known for his indirect reform of the advocacy system, which helped usher in the adversarial court system used in most common law nations today. He introduced the phrase "presumed innocent until proven guilty", insisting that defendants' accusers and their evidence be thoroughly tested in court. Born to a priest and his wife in Monken Hadley, then in Middlesex, Garrow was educated at his father's school in the village before being apprenticed to Thomas Southouse, an attorney in Cheapside, which preceded a pupillage with Mr. Crompton, a special pleader. A dedicated student of the law, Garrow frequently observed cases at the Old Bailey; as a result Crompton recommended that he become a solicitor or barrister. Garrow joined Lincoln's Inn in November 1778, and was called to the Bar on 27 November 1783. He quickly established himself as a criminal defence counsel, and in February 1793 was made a King's Counsel by HM Government to prosecute cases involving treason and felonies.

He was elected to Parliament in 1805 for Gatton, a rotten borough, and became Solicitor General for England and Wales in 1812 and Attorney General for England and Wales a year later. Although not happy in Parliament, having been returned only for political purposes, Garrow acted as one of the principal Whig spokesmen trying to stop criminal law reform as campaigned for by Samuel Romilly and also attempted to pass legislation to condemn animal cruelty. In 1817, he was made a Baron of the Exchequer and a Serjeant-at-Law, forcing his resignation from Parliament, and he spent the next 15 years as a judge. He was not particularly successful in the commercial cases the Exchequer specialised in, but when on Assize, used his criminal law knowledge from his years at the Bar to great effect. On his resignation in 1832 he was made a Privy Councillor, a sign of the respect HM Government had for him. He died on 24 September 1840.

For much of the 19th and 20th centuries his work was forgotten by academics, and interest arose only in 1991, with an article by John Beattie titled "Garrow for the Defence" in History Today. Garrow is best known for his criminal defence work, which, through the example he set with his aggressive defence of clients, helped establish the modern adversarial system in use in the United Kingdom, the United States, and other former British colonies. Garrow is also known for his impact on the rules of evidence, leading to the best evidence rule. His work was cited as recently as 1982 in the Supreme Court of Canada and 2006 in the Irish Court of Criminal Appeal. In 2009, BBC One broadcast Garrow's Law, a four-part fictionalised drama of Garrow's beginnings at the Old Bailey; a second series aired in late 2010. BBC One began broadcasting the third series in November 2011.

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