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
The History and Origins of Adversary Trial John Hostettler. 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 ...
The History and Origins of Adversary Trial John Hostettler. 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 ...
Page 11
The History and Origins of Adversary Trial John Hostettler. LAWYER‐FREE. TRIALS. So well ... treason and felony were not allowed to have counsel appear for them, even ... act mainly in civil cases. Equally, it seems likely that since early ...
The History and Origins of Adversary Trial John Hostettler. LAWYER‐FREE. TRIALS. So well ... treason and felony were not allowed to have counsel appear for them, even ... act mainly in civil cases. Equally, it seems likely that since early ...
Page 13
... trials in England at the time have been described as 'nasty, brutish, and ... act for them fully in all cases where the prosecution was represented and ... treason trials arising from the Popish Plot (1678‐81), the Rye House Plot ...
... trials in England at the time have been described as 'nasty, brutish, and ... act for them fully in all cases where the prosecution was represented and ... treason trials arising from the Popish Plot (1678‐81), the Rye House Plot ...
Page 14
... 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 two witnesses to an overt act were required ...
... 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 two witnesses to an overt act were required ...
Page 21
... 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 ... treason in 1681.3 These were some of the problems for ...
... 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 ... treason in 1681.3 These were some of the problems for ...
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