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
Page vii
No Counsel for Prisoners 21 3. Treason Trials Act: the Birth of Adversary Trial 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.
No Counsel for Prisoners 21 3. Treason Trials Act: the Birth of Adversary Trial 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.
Page 11
So well established today is the English adversary system of trial, with counsel at its centre, that it is hard to ... The ban took in lawyers only after they began to appear in 123512 and may be one reason why they continued to act ...
So well established today is the English adversary system of trial, with counsel at its centre, that it is hard to ... The ban took in lawyers only after they began to appear in 123512 and may be one reason why they continued to act ...
Page 13
29 During the Interregnum (1649‐1659) the problems were to some extent recognized and it was proposed by the Hale Commission, chaired by Sir Matthew Hale,30 that prisoners should have counsel to act for them fully in all cases where the ...
29 During the Interregnum (1649‐1659) the problems were to some extent recognized and it was proposed by the Hale Commission, chaired by Sir Matthew Hale,30 that prisoners should have counsel to act for them fully in all cases where the ...
Page 14
It was thought at the time that the formal reasons for the Act—namely that in treason trials two witnesses to an overt act were required and, of greater significance, that the Crown always employed counsel to prosecute—were not ...
It was thought at the time that the formal reasons for the Act—namely that in treason trials two witnesses to an overt act were required and, of greater significance, that the Crown always employed counsel to prosecute—were not ...
Page 16
Counsel, of course, act in the interests of their clients, and it will be considered how far Garrow went to the limits of the burgeoning, but by modern standards primitive, Bar etiquette. In the meantime it can be noted that Garrow ...
Counsel, of course, act in the interests of their clients, and it will be considered how far Garrow went to the limits of the burgeoning, but by modern standards primitive, Bar etiquette. In the meantime it can be noted that Garrow ...
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Contents
9 | |
21 | |
the Birth of Adversary Trial | 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