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 13
As Beattie says, 'It flowed from the Revolution of 1689 as a means of redressing a wrong the now‐dominant Whig political class had suffered in the previous decade–the use of charges of treason to Introduction 13.
As Beattie says, 'It flowed from the Revolution of 1689 as a means of redressing a wrong the now‐dominant Whig political class had suffered in the previous decade–the use of charges of treason to Introduction 13.
Page 14
in the previous decade–the use of charges of treason to destroy political opponents.'37 It was also a response to lawyer‐driven prosecutions. It was thought at the time that the formal reasons for the Act—namely that in treason trials ...
in the previous decade–the use of charges of treason to destroy political opponents.'37 It was also a response to lawyer‐driven prosecutions. It was thought at the time that the formal reasons for the Act—namely that in treason trials ...
Page 16
Again the prisoner was charged with murder, and Garrow sat through the trial, 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 ...
Again the prisoner was charged with murder, and Garrow sat through the trial, 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 ...
Page 18
For the prisoner in the dock charged with felony and weighed down by rules that, unless the jury showed mercy or he had 'clergy', meant his life was in serious danger, the change to adversary trial was a momentous transformation.
For the prisoner in the dock charged with felony and weighed down by rules that, unless the jury showed mercy or he had 'clergy', meant his life was in serious danger, the change to adversary trial was a momentous transformation.
Page 21
... Stephen Colledge, charged with treason in 1681.3 These were some of the problems for prisoners that required solution in the late seventeenth century, by which time England and parts of the rest of the world were changing rapidly.
... Stephen Colledge, charged with treason in 1681.3 These were some of the problems for prisoners that required solution in the late seventeenth century, by which time England and parts of the rest of the world were changing rapidly.
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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
Bibliographic information
| Title | Fighting for Justice: The History and Origins of Adversary Trial |
| Author | John Hostettler |
| Publisher | Waterside Press, 2006 |
| ISBN | 1906534160, 9781906534165 |
| Length | 140 pages |
| Subjects | › Biography & Autobiography / Lawyers & Judges Law / Legal History |
| Export Citation | BiBTeX EndNote RefMan |