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
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Page 19
... Assizes 1558-1714. Cambridge, Cambridge University Press. p. 109. 30 Hardwicke Papers. British Library, Add. MSS. 35863. 31 J. Hostettler. (2002) The Red Gown—The Life and Works of Sir Matthew Hale. Chichester, Barry Rose Law Publishers ...
... Assizes 1558-1714. Cambridge, Cambridge University Press. p. 109. 30 Hardwicke Papers. British Library, Add. MSS. 35863. 31 J. Hostettler. (2002) The Red Gown—The Life and Works of Sir Matthew Hale. Chichester, Barry Rose Law Publishers ...
Page 27
... assizes in 1590 his witness was not allowed to give evidence, 'against the Queen.'48 Of course, these were political cases and there were substantial differences between state trials and ordinary trials for felony. Langbein has argued ...
... assizes in 1590 his witness was not allowed to give evidence, 'against the Queen.'48 Of course, these were political cases and there were substantial differences between state trials and ordinary trials for felony. Langbein has argued ...
Page 29
... on the basis of conscience or because they thought the penalty of death too severe for the crime.70 Indeed, 'approximately 40 per cent of all defendants arraigned at Home Circuit assizes between 1558 and 1625 No Counsel for Prisoners 29.
... on the basis of conscience or because they thought the penalty of death too severe for the crime.70 Indeed, 'approximately 40 per cent of all defendants arraigned at Home Circuit assizes between 1558 and 1625 No Counsel for Prisoners 29.
Page 30
The History and Origins of Adversary Trial John Hostettler. defendants arraigned at Home Circuit assizes between 1558 and 1625 were acquitted by the trial jury.'71 Nevertheless, in state trials the situation was exploited by the Crown in ...
The History and Origins of Adversary Trial John Hostettler. defendants arraigned at Home Circuit assizes between 1558 and 1625 were acquitted by the trial jury.'71 Nevertheless, in state trials the situation was exploited by the Crown in ...
Page 33
... 'disturbed that in a trial system already heavily weighted in favour of the prosecution, the government was abusing its advantage.'17 Jeffreys' haranguing of witnesses at the 'Bloody Assizes' in the The Treason Trials Act 33.
... 'disturbed that in a trial system already heavily weighted in favour of the prosecution, the government was abusing its advantage.'17 Jeffreys' haranguing of witnesses at the 'Bloody Assizes' in the The Treason Trials Act 33.
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