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 v
It is commonly believed that something like the same antiquity can be ascribed to adversary trial in our criminal courts as to parliament and trial by jury. In reality, however, the opposite is true with adversary trial emerging in ...
It is commonly believed that something like the same antiquity can be ascribed to adversary trial in our criminal courts as to parliament and trial by jury. In reality, however, the opposite is true with adversary trial emerging in ...
Page viii
... of Capital Punishment in Britain (1997) Waterside Press Voting in Britain: A History of the Parliamentary Franchise (2001) Barry Rose Famous Cases: Nine Trials that Changed the Law (2002) Waterside Press CHAPTER 1 Introduction WHAT ...
... of Capital Punishment in Britain (1997) Waterside Press Voting in Britain: A History of the Parliamentary Franchise (2001) Barry Rose Famous Cases: Nine Trials that Changed the Law (2002) Waterside Press CHAPTER 1 Introduction WHAT ...
Page 13
... should be able to give evidence on oath.31 However, Cromwell's law‐reforming zeal was stalled by his infrequent parliaments and nothing was done to implement these suggestions before the Restoration of Charles II put paid to them.
... should be able to give evidence on oath.31 However, Cromwell's law‐reforming zeal was stalled by his infrequent parliaments and nothing was done to implement these suggestions before the Restoration of Charles II put paid to them.
Page 20
57 Parliamentary Papers. (1836) xxxvi. 183. 58 6 & 7 Will. 4. c. 114. 59 Allyson N. May. (2003) The Bar and the Old Bailey, 1750-1850. Chapel Hill, The University of North Carolina Press. 60 W. B. Odgers. (1901) A Century of Law Reform.
57 Parliamentary Papers. (1836) xxxvi. 183. 58 6 & 7 Will. 4. c. 114. 59 Allyson N. May. (2003) The Bar and the Old Bailey, 1750-1850. Chapel Hill, The University of North Carolina Press. 60 W. B. Odgers. (1901) A Century of Law Reform.
Page 26
To which he added, 'To say the truth, we never read in any act of Parliament, ancient author, book, case, or record that in criminal cases the party accused should not have witnesses sworn for him, and therefore there is not so much as ...
To which he added, 'To say the truth, we never read in any act of Parliament, ancient author, book, case, or record that in criminal cases the party accused should not have witnesses sworn for him, and therefore there is not so much as ...
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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