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 9
... King's council, the judges hesitated before finally, in 1219, they turned the presenting jury into a jury of fact finders who could determine guilt or innocence. They thereby avoided both the all‐powerful judge and the use of torture.3 ...
... King's council, the judges hesitated before finally, in 1219, they turned the presenting jury into a jury of fact finders who could determine guilt or innocence. They thereby avoided both the all‐powerful judge and the use of torture.3 ...
Page 12
... King. As such they were required to ensure effective prosecutions of accused felons,27 and in many cases they obtained evidence for the prosecution. It also meant that the justices of the peace assisted the prosecutor in preparing his ...
... King. As such they were required to ensure effective prosecutions of accused felons,27 and in many cases they obtained evidence for the prosecution. It also meant that the justices of the peace assisted the prosecutor in preparing his ...
Page 13
... King's pleasure and at times were subjected to extreme pressure to ensure that they executed royal commands ... King required were abruptly dismissed, including 12 in four years during the reign of James II.33 Among those remaining were ...
... King's pleasure and at times were subjected to extreme pressure to ensure that they executed royal commands ... King required were abruptly dismissed, including 12 in four years during the reign of James II.33 Among those remaining were ...
Page 14
... King's Person, which are generally managed for the Crown with greater Skill and Zeal than ordinary Prosecutions.'38 Nevertheless, the conduct of felony trials themselves was changing. With the incidence of crime appearing to increase ...
... King's Person, which are generally managed for the Crown with greater Skill and Zeal than ordinary Prosecutions.'38 Nevertheless, the conduct of felony trials themselves was changing. With the incidence of crime appearing to increase ...
Page 21
... King or Queen.1 Later, jurists such as Coke and Hawkins sought other explanations for the 'no‐counsel' rule and held that a prisoner could better express the truth in person than through the medium of lawyers. In addition, the judge ...
... King or Queen.1 Later, jurists such as Coke and Hawkins sought other explanations for the 'no‐counsel' rule and held that a prisoner could better express the truth in person than through the medium of lawyers. In addition, the judge ...
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