Fighting for Justice: The History and Origins of Adversary TrialAdversary trial emerged in England only in the 18th century. Its origins and significance have tended to go unrecognised by judges, lawyers, jurists and researchers until relatively modern times when conflict has become a key social issue. |
From inside the book
Results 1-5 of 45
Page vii
... Counsel for Prisoners 21 3. Treason Trials Act: the Birth of Adversary Trial 32 4. Rights of the Individual 50 5. Sir William Garrow 59 6. Garrow at the Old Bailey (1) 77 7. Garrow at the Old Bailey (2) 96 8. Rules of Criminal Evidence ...
... Counsel for Prisoners 21 3. Treason Trials Act: the Birth of Adversary Trial 32 4. Rights of the Individual 50 5. Sir William Garrow 59 6. Garrow at the Old Bailey (1) 77 7. Garrow at the Old Bailey (2) 96 8. Rules of Criminal Evidence ...
Page 11
... law, following a landmark case in the reign of Edward I (1273‐1307),11 prisoners in trials of treason and felony were not allowed to have counsel appear for them, even though the sentence for treason and felony was capital. At first, as ...
... law, following a landmark case in the reign of Edward I (1273‐1307),11 prisoners in trials of treason and felony were not allowed to have counsel appear for them, even though the sentence for treason and felony was capital. At first, as ...
Page 13
... counsel to act for them fully in all cases where the prosecution was represented and that defence witnesses should be able to give evidence on oath.31 However, Cromwell's law‐reforming zeal was stalled by his infrequent parliaments and ...
... counsel to act for them fully in all cases where the prosecution was represented and that defence witnesses should be able to give evidence on oath.31 However, Cromwell's law‐reforming zeal was stalled by his infrequent parliaments and ...
Page 14
... lawyer‐driven prosecutions. It was thought at the time that the formal reasons for the Act—namely that in treason trials two witnesses to an overt act were required and, of greater significance, that the Crown always employed counsel to ...
... lawyer‐driven prosecutions. It was thought at the time that the formal reasons for the Act—namely that in treason trials two witnesses to an overt act were required and, of greater significance, that the Crown always employed counsel to ...
Page 16
... lawyer, was responsible for the extensive growth of adversarial criminal trial, his role will be examined in detail and it will be considered more fully later whether Langbein's assessment is warranted. Counsel, of course, act in the ...
... lawyer, was responsible for the extensive growth of adversarial criminal trial, his role will be examined in detail and it will be considered more fully later whether Langbein's assessment is warranted. Counsel, of course, act in the ...
Contents
9 | |
21 | |
32 | |
4 Rights of the Individual | 50 |
5 Sir William Garrow | 59 |
6 Garrow at the Old Bailey 1 | 77 |
7 Garrow at the Old Bailey 2 | 96 |
8 Rules of Criminal Evidence | 116 |
10 Conclusion | 149 |
Glossary 1 Judicial and Historical Terms | 162 |
Glossary 2 Crimes Tried Frequently at the Old Bailey | 165 |
Bibliography | 167 |
Appendix | 172 |
Index | 174 |
Back cover
| 177 |
9 Counsel Finally Address the Jury | 135 |
Other editions - View all
Fighting for Justice: The History and Origins of Adversary Trial John Hostettler Limited preview - 2006 |
Fighting for Justice: The History and Origins of Adversary Trial John Hostettler No preview available - 2006 |
Common terms and phrases
27 October accused acquitted address the jury Adversary Criminal Trial Adversary Procedure adversary system adversary trial advocacy Aikles alleged appeared asked assize courts assizes Attorney‐General barristers Barry Rose Bill Brougham charged client confession convicted Counsel Act court courtroom crime Criminal Justice Criminal Law criminal procedure cross‐examination Crown death December defence counsel eighteenth century England Erskine examination felony felony trials found guilty give evidence Glorious Revolution hearsay human rights Ibid indictment innocent inquisitorial system J.H. Langbein J.M. Beattie jury found King’s Landsman Law Review Lincoln’s Inn London Lord murder nineteenth century oath OBP Online offence Old Bailey Origins of Adversary Parliament points of law political presumption of innocence prisoner prosecuting counsel prosecution witnesses prosecutor question robbery rules of evidence Scales of Justice sentenced theft thief‐takers told the jury Treason Trials Act Trial of John Trial of William truth Vogler Whig William Garrow www.oldbaileyonline.org