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. |
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Page i
The History and Origins of Adversary Trial John Hostettler is a solicitor, legal biographer and historian whose subjects have included Sir James Fitzjames Stephen, Sir Edward Coke, Sir Matthew Hale, Thomas Erskine and Lord Halsbury.
The History and Origins of Adversary Trial John Hostettler is a solicitor, legal biographer and historian whose subjects have included Sir James Fitzjames Stephen, Sir Edward Coke, Sir Matthew Hale, Thomas Erskine and Lord Halsbury.
Page iv
The History and Origins of Adversary Trial John Hostettler ... who read the text and helped me to get to grips with the genesis of the adversary tradition and the consequent procedural revolution in the criminal law.
The History and Origins of Adversary Trial John Hostettler ... who read the text and helped me to get to grips with the genesis of the adversary tradition and the consequent procedural revolution in the criminal law.
Page vii
Fighting for Justice The History and Origins of Adversary Trial Contents Acknowledgements iv Preface v 1. What is Adversary Trial? 9 2. No Counsel for Prisoners 21 3. Treason Trials Act: the Birth of Adversary Trial 32 4.
Fighting for Justice The History and Origins of Adversary Trial Contents Acknowledgements iv Preface v 1. What is Adversary Trial? 9 2. No Counsel for Prisoners 21 3. Treason Trials Act: the Birth of Adversary Trial 32 4.
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It is intrinsic to the nature of adversary trial that it is rights‐based. It emerged in early eighteenth century England as the right of prisoners to engage counsel to assist in their defence in felony trials.
It is intrinsic to the nature of adversary trial that it is rights‐based. It emerged in early eighteenth century England as the right of prisoners to engage counsel to assist in their defence in felony trials.
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The History and Origins of Adversary Trial John Hostettler. neutral and passive decision maker can base a satisfying resolution of the legal dispute.'5 And, in its nature it is based upon a clash which must be rights‐based.
The History and Origins of Adversary Trial John Hostettler. neutral and passive decision maker can base a satisfying resolution of the legal dispute.'5 And, in its nature it is based upon a clash which must be rights‐based.
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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