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 14
... were increasingly creating more perjury which could injure innocent defendants who were threatened with the death penalty even for trivial offences. Accomplice evidence was not only widespread but also officially encouraged.
... were increasingly creating more perjury which could injure innocent defendants who were threatened with the death penalty even for trivial offences. Accomplice evidence was not only widespread but also officially encouraged.
Page 22
5 Misdemeanours were minor offences and although a defendant accused of such could have counsel, in the early twelfth century this meant communal and not professional help. But it also meant that those accused of felony and likely to be ...
5 Misdemeanours were minor offences and although a defendant accused of such could have counsel, in the early twelfth century this meant communal and not professional help. But it also meant that those accused of felony and likely to be ...
Page 29
In his case, he named witnesses who could prove he was in Staffordshire at the time of his alleged offences. Calling for one of them to appear in the courtroom he said, 'It is a hundred to one if he be here, for I have not been ...
In his case, he named witnesses who could prove he was in Staffordshire at the time of his alleged offences. Calling for one of them to appear in the courtroom he said, 'It is a hundred to one if he be here, for I have not been ...
Page 36
It was a matter of direct personal interest to many members of Parliament that trials for political offence should not be grossly unfair, but they were comparatively indifferent as to the fate of people accused of sheep-stealing, ...
It was a matter of direct personal interest to many members of Parliament that trials for political offence should not be grossly unfair, but they were comparatively indifferent as to the fate of people accused of sheep-stealing, ...
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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