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 12
... robbery, burglary and horse stealing.24 However, the crucial point is that torture did not become regularized in English criminal procedure.25 At the same time, juries were by now being drawn not from the locality where the crime was ...
... robbery, burglary and horse stealing.24 However, the crucial point is that torture did not become regularized in English criminal procedure.25 At the same time, juries were by now being drawn not from the locality where the crime was ...
Page 22
... robbery, burglary, and most other forms of theft, had to defend himself or herself in court. As Langbein puts it, 'English criminal procedure was for centuries organized on the principle that a person accused of having committed a ...
... robbery, burglary, and most other forms of theft, had to defend himself or herself in court. As Langbein puts it, 'English criminal procedure was for centuries organized on the principle that a person accused of having committed a ...
Page 27
... with papers.57 And by 1724, at the Surrey assizes a solicitor was allowed to represent a prisoner who was deranged.58 When in 1771, a prisoner charged with mail robbery was unwell, the judge allowed his No Counsel for Prisoners 27.
... with papers.57 And by 1724, at the Surrey assizes a solicitor was allowed to represent a prisoner who was deranged.58 When in 1771, a prisoner charged with mail robbery was unwell, the judge allowed his No Counsel for Prisoners 27.
Page 28
The History and Origins of Adversary Trial John Hostettler. charged with mail robbery was unwell, the judge allowed his counsel to state the defence case to the jury, although it did not help him and he was found guilty and sentenced to ...
The History and Origins of Adversary Trial John Hostettler. charged with mail robbery was unwell, the judge allowed his counsel to state the defence case to the jury, although it did not help him and he was found guilty and sentenced to ...
Page 51
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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