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
Fighting for Justice The History and Origins of Adversary Trial Contents Acknowledgements iv Preface v 1. What is Adversary Trial? 9 2. No Counsel for Prisoners 21 3. Treason Trials Act: the Birth of Adversary Trial 32 4.
Fighting for Justice The History and Origins of Adversary Trial Contents Acknowledgements iv Preface v 1. What is Adversary Trial? 9 2. No Counsel for Prisoners 21 3. Treason Trials Act: the Birth of Adversary Trial 32 4.
Page 11
So well established today is the English adversary system of trial, with counsel at its centre, that it is hard to ... following a landmark case in the reign of Edward I (1273‐1307),11 prisoners in trials of treason and felony were not ...
So well established today is the English adversary system of trial, with counsel at its centre, that it is hard to ... following a landmark case in the reign of Edward I (1273‐1307),11 prisoners in trials of treason and felony were not ...
Page 13
The Whig leaders also introduced the radical Treason Trials Act of 1696,36 a landmark statute which had an unwitting and powerful effect on the birth of adversary trial. It gave prisoners on trial for treason the right to have counsel ...
The Whig leaders also introduced the radical Treason Trials Act of 1696,36 a landmark statute which had an unwitting and powerful effect on the birth of adversary trial. It gave prisoners on trial for treason the right to have counsel ...
Page 14
in the previous decade–the use of charges of treason to destroy political opponents.'37 It was also a response to lawyer‐driven prosecutions. It was thought at the time that the formal reasons for the Act—namely that in treason trials ...
in the previous decade–the use of charges of treason to destroy political opponents.'37 It was also a response to lawyer‐driven prosecutions. It was thought at the time that the formal reasons for the Act—namely that in treason trials ...
Page 21
In addition, the judge would act as his or her counsel. Prisoners and their witnesses were also not permitted to give evidence on oath since following the precedent set by trial by ordeal, the result of a trial by jury was believed to ...
In addition, the judge would act as his or her counsel. Prisoners and their witnesses were also not permitted to give evidence on oath since following the precedent set by trial by ordeal, the result of a trial by jury was believed to ...
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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
Bibliographic information
| Title | Fighting for Justice: The History and Origins of Adversary Trial |
| Author | John Hostettler |
| Publisher | Waterside Press, 2006 |
| ISBN | 1906534160, 9781906534165 |
| Length | 140 pages |
| Subjects | › Biography & Autobiography / Lawyers & Judges Law / Legal History |
| Export Citation | BiBTeX EndNote RefMan |