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
... prosecutors and the police. In contrast, on 21 March 2006 the then Home Secretary, Charles Clarke, told the House of Commons Home Affairs Committee, “I think that a supervisory system and investigating magistrates' regime is very ...
... prosecutors and the police. In contrast, on 21 March 2006 the then Home Secretary, Charles Clarke, told the House of Commons Home Affairs Committee, “I think that a supervisory system and investigating magistrates' regime is very ...
Page 11
... prosecutors and England had no system of public prosecution. Instead, both the accuser and the defendant each told their own story, often inadequately, and the judge and members of the jury were actors in the trial joining in with ...
... prosecutors and England had no system of public prosecution. Instead, both the accuser and the defendant each told their own story, often inadequately, and the judge and members of the jury were actors in the trial joining in with ...
Page 12
... prosecution. It also meant that the justices of the peace assisted the prosecutor in preparing his case and as the justices could also send an accused person to gaol pending trial, some prejudice towards the prisoner who had been held ...
... prosecution. It also meant that the justices of the peace assisted the prosecutor in preparing his case and as the justices could also send an accused person to gaol pending trial, some prejudice towards the prisoner who had been held ...
Page 13
... 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 access to the depositions of the prosecution ...
... 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 access to the depositions of the prosecution ...
Page 14
... Prosecution of Felons were formed in large numbers throughout the country to meet the growing demand for prosecuting counsel and to spread the cost of investigating crime and paying legal fees. At the same time the government sponsored ...
... Prosecution of Felons were formed in large numbers throughout the country to meet the growing demand for prosecuting counsel and to spread the cost of investigating crime and paying legal fees. At the same time the government sponsored ...
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