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 vi
For instance, on 24 April 2006, under a pilot scheme, the Old Bailey and Crown Courts in Birmingham, Cardiff, Manchester and Winchester were given a new historic role in their proceedings. For the first time, the relatives of victims of ...
For instance, on 24 April 2006, under a pilot scheme, the Old Bailey and Crown Courts in Birmingham, Cardiff, Manchester and Winchester were given a new historic role in their proceedings. For the first time, the relatives of victims of ...
Page 11
The rule prohibiting counsel did not apply to the prosecution and this left defendants at a severe disadvantage for centuries to come, particularly in trials for treason, where the Crown was always represented. The logic of the rule, ...
The rule prohibiting counsel did not apply to the prosecution and this left defendants at a severe disadvantage for centuries to come, particularly in trials for treason, where the Crown was always represented. The logic of the rule, ...
Page 12
... than monarchs had in earlier times and as part of its search for strong government, the Crown was well‐disposed towards the continental canon law and the exercise of torture, with the central, and dominating, role of the judge.
... than monarchs had in earlier times and as part of its search for strong government, the Crown was well‐disposed towards the continental canon law and the exercise of torture, with the central, and dominating, role of the judge.
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 15
48 Its origins, however, were for long unknown and are now disputed. Criminal barristers practising in the Old Bailey and Crown Courts today do not appear to be greatly concerned with Introduction 15.
48 Its origins, however, were for long unknown and are now disputed. Criminal barristers practising in the Old Bailey and Crown Courts today do not appear to be greatly concerned with Introduction 15.
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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