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 11
The logic of the rule, says J. H. Langbein, was to pressurize the accused to speak in his or her own defence14 but the idea that this was an advantage to a prisoner will be questioned later when the reasons given for the rule will be ...
The logic of the rule, says J. H. Langbein, was to pressurize the accused to speak in his or her own defence14 but the idea that this was an advantage to a prisoner will be questioned later when the reasons given for the rule will be ...
Page 12
This gave them a discretionary power and there is a good deal of evidence to show that they used it to acquit accused persons if the crime were not premeditated or too severe.17 As a consequence, in early homicide trials the great ...
This gave them a discretionary power and there is a good deal of evidence to show that they used it to acquit accused persons if the crime were not premeditated or too severe.17 As a consequence, in early homicide trials the great ...
Page 13
Moreover, whilst witnesses for the prosecution were bound over to appear at trial, the accused could not compel the attendance of witnesses and could not know the exact nature of the indictment against him or her, or have access to the ...
Moreover, whilst witnesses for the prosecution were bound over to appear at trial, the accused could not compel the attendance of witnesses and could not know the exact nature of the indictment against him or her, or have access to the ...
Page 14
At the same time the government sponsored a bounty system which encouraged reward‐seeking thief‐catchers. These, together with Crown witnesses induced to turn King's evidence and testify against their co‐accused to save ...
At the same time the government sponsored a bounty system which encouraged reward‐seeking thief‐catchers. These, together with Crown witnesses induced to turn King's evidence and testify against their co‐accused to save ...
Page 21
According to Pollock and Maitland, '[i]n the Leges Henrici (1118) it is already the peculiar mark of an accusation of felony that the accused is allowed no counsel, but must answer at once; in all other cases [i.e. trespass or ...
According to Pollock and Maitland, '[i]n the Leges Henrici (1118) it is already the peculiar mark of an accusation of felony that the accused is allowed no counsel, but must answer at once; in all other cases [i.e. trespass or ...
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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 |