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 12
This gave them a discretionary power and there is a good deal of evidence to show that they used it to acquit accused ... in early homicide trials the great majority of those guilty of non‐premeditated killings were acquitted and only ...
This gave them a discretionary power and there is a good deal of evidence to show that they used it to acquit accused ... in early homicide trials the great majority of those guilty of non‐premeditated killings were acquitted and only ...
Page 26
'The simplicity, the innocence, the artless and the ingenious of one acquitted by his conscience,' he wrote, 'has something in it more moving and convincing than the highest eloquence of persons speaking in a cause not their own.
'The simplicity, the innocence, the artless and the ingenious of one acquitted by his conscience,' he wrote, 'has something in it more moving and convincing than the highest eloquence of persons speaking in a cause not their own.
Page 27
... which goeth to the clearing and acquittal of the Prisoner, yet [the judges] will not take [it] upon oath, but do leave such Testimony and Evidence to the Jury to give credit to or think thereof, as they shall see and find cause.
... which goeth to the clearing and acquittal of the Prisoner, yet [the judges] will not take [it] upon oath, but do leave such Testimony and Evidence to the Jury to give credit to or think thereof, as they shall see and find cause.
Page 29
Prosecutors could also instruct counsel in felony trials but here they, and judges, were often thwarted by jury nullification when the jury acquitted a prisoner who was technically guilty on the basis of conscience or because they ...
Prosecutors could also instruct counsel in felony trials but here they, and judges, were often thwarted by jury nullification when the jury acquitted a prisoner who was technically guilty on the basis of conscience or because they ...
Page 30
defendants arraigned at Home Circuit assizes between 1558 and 1625 were acquitted by the trial jury.'71 Nevertheless, in state trials the situation was exploited by the Crown in the reigns of the later Stuarts and this brought to the ...
defendants arraigned at Home Circuit assizes between 1558 and 1625 were acquitted by the trial jury.'71 Nevertheless, in state trials the situation was exploited by the Crown in the reigns of the later Stuarts and this brought to the ...
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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 |