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 v
... eighteenth century. Moreover, its origins have been totally unrecognised by lawyers and jurists until the last 30 years or so. Even now, there is considerable dispute as to how and why adversary trial came into existence and little ...
... eighteenth century. Moreover, its origins have been totally unrecognised by lawyers and jurists until the last 30 years or so. Even now, there is considerable dispute as to how and why adversary trial came into existence and little ...
Page 9
... eighteenth century England as the right of prisoners to engage counsel to assist in their defence in felony trials. Once established it quickly spread to countries where the common law had been introduced—usually English colonies ...
... eighteenth century England as the right of prisoners to engage counsel to assist in their defence in felony trials. Once established it quickly spread to countries where the common law had been introduced—usually English colonies ...
Page 10
... eighteenth century, when the judge dominated the trial and prisoners' rights were almost non‐existent. Landsman identifies the essence of the adversary system when he outlines three modern elements that are fundamental to it. First ...
... eighteenth century, when the judge dominated the trial and prisoners' rights were almost non‐existent. Landsman identifies the essence of the adversary system when he outlines three modern elements that are fundamental to it. First ...
Page 11
... century until the eighteenth century, by law, following a landmark case in the reign of Edward I (1273‐1307),11 prisoners in trials of treason and felony were not allowed to have counsel appear for them, even though the sentence for ...
... century until the eighteenth century, by law, following a landmark case in the reign of Edward I (1273‐1307),11 prisoners in trials of treason and felony were not allowed to have counsel appear for them, even though the sentence for ...
Page 18
... Eighteenth Century England.' New York, Cornell Law Review. Cornell Law Association. p. 499. 6 Ibid. p. 500. 7 Cited by S. Rogers. (1899) 'The Ethics of Advocacy'. 15 Law Quarterly Review. London, Stevens & Sons, Ltd. p. 259. i. p. 211 ...
... Eighteenth Century England.' New York, Cornell Law Review. Cornell Law Association. p. 499. 6 Ibid. p. 500. 7 Cited by S. Rogers. (1899) 'The Ethics of Advocacy'. 15 Law Quarterly Review. London, Stevens & Sons, Ltd. p. 259. i. p. 211 ...
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