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 9
... courtroom.4 As Landsman has written elsewhere, '[t]he fundamental expectation of an adversarial system is that out of a sharp clash of proofs presented by litigants in a highly structured forensic setting will come the information upon ...
... courtroom.4 As Landsman has written elsewhere, '[t]he fundamental expectation of an adversarial system is that out of a sharp clash of proofs presented by litigants in a highly structured forensic setting will come the information upon ...
Page 13
... courtroom. Moreover, whilst witnesses for the prosecution were bound over to appear at trial, the accused could not compel the attendance of witnesses and could not know the exact nature of the indictment against him or her, or have ...
... courtroom. Moreover, whilst witnesses for the prosecution were bound over to appear at trial, the accused could not compel the attendance of witnesses and could not know the exact nature of the indictment against him or her, or have ...
Page 15
... courtroom and reduce the previously active role of the prisoner, as well as those of the judge and jury who respectively became solely umpire and fact finders.43 In this development a pivotal role was played by William Garrow who ...
... courtroom and reduce the previously active role of the prisoner, as well as those of the judge and jury who respectively became solely umpire and fact finders.43 In this development a pivotal role was played by William Garrow who ...
Page 16
... courtroom comes from and academic lawyers cannot agree on how adversary trial arose. As Langbein, who has carried out a great deal of research on the subject over 25 years and seeks to remedy the situation, acknowledges, 'although the ...
... courtroom comes from and academic lawyers cannot agree on how adversary trial arose. As Langbein, who has carried out a great deal of research on the subject over 25 years and seeks to remedy the situation, acknowledges, 'although the ...
Page 26
... courtroom. RESTRICTIONS. ON. DEFENCE. WITNESSES. It is widely believed that in felony trials it only became openly possible for the defence to produce witnesses following Tyndal's Case in 1632 (where a number of witnesses were called for ...
... courtroom. RESTRICTIONS. ON. DEFENCE. WITNESSES. It is widely believed that in felony trials it only became openly possible for the defence to produce witnesses following Tyndal's Case in 1632 (where a number of witnesses were called for ...
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