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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Results 1-5 of 36
Page 16
... asked only two questions and allowed the prosecution witnesses to lie and contradict each other. At the end of the case the jury found the prisoner 'guilty of manslaughter but not of murder' and she was burnt in the hand and discharged ...
... asked only two questions and allowed the prosecution witnesses to lie and contradict each other. At the end of the case the jury found the prisoner 'guilty of manslaughter but not of murder' and she was burnt in the hand and discharged ...
Page 17
... asking them to examine and report on the question of permitting prisoners to have counsel act for them fully.57 The commissioners quickly responded entirely favourably and their report assisted in securing the enactment of the Prisoners ...
... asking them to examine and report on the question of permitting prisoners to have counsel act for them fully.57 The commissioners quickly responded entirely favourably and their report assisted in securing the enactment of the Prisoners ...
Page 22
... asked to have representation of counsel, the court responded, “You have alleged nothing [i.e. no legal issue]: you are now upon matter of fact.'''14 On the other hand, even Lord Chief Justice Jeffreys told Thomas Rosewall on a charge of ...
... asked to have representation of counsel, the court responded, “You have alleged nothing [i.e. no legal issue]: you are now upon matter of fact.'''14 On the other hand, even Lord Chief Justice Jeffreys told Thomas Rosewall on a charge of ...
Page 27
... asked for the assistance of counsel in his trial in 1649 but this was denied.52 Moreover, the presiding judge, Mr Justice Keble, having heard the prosecution case but not Lilburne's defence, told the jury, 'I hope the Jury hath seen the ...
... asked for the assistance of counsel in his trial in 1649 but this was denied.52 Moreover, the presiding judge, Mr Justice Keble, having heard the prosecution case but not Lilburne's defence, told the jury, 'I hope the Jury hath seen the ...
Page 28
... asked how he came to have any since they were not permitted under an accusation of high treason. He ignored the fact that prior to the trial the King in council had made an order on 11 August 1681 that several friends and relations and ...
... asked how he came to have any since they were not permitted under an accusation of high treason. He ignored the fact that prior to the trial the King in council had made an order on 11 August 1681 that several friends and relations and ...
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