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
Counsel Finally Address the Jury 135 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 Books by John Hostettler The Politics ...
Counsel Finally Address the Jury 135 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 Books by John Hostettler The Politics ...
Page 17
By the nineteenth century counsel for the prosecution and for the defence were appearing quite regularly in criminal trials and the refusal to allow counsel to address the jury was more commonly seen as the anomaly it was.
By the nineteenth century counsel for the prosecution and for the defence were appearing quite regularly in criminal trials and the refusal to allow counsel to address the jury was more commonly seen as the anomaly it was.
Page 24
After saying to the jury that he could not sum up the case fully he concluded his short address to them by saying, 'I am sensible I have omitted many things; but I am a little faint, and cannot repeat any more of the evidence.
After saying to the jury that he could not sum up the case fully he concluded his short address to them by saying, 'I am sensible I have omitted many things; but I am a little faint, and cannot repeat any more of the evidence.
Page 32
According to Langbein, the consequent unequal contest resulted in the judges gradually permitting counsel to appear for defendants and examine and cross‐examine witnesses,2 although still not address the jury.
According to Langbein, the consequent unequal contest resulted in the judges gradually permitting counsel to appear for defendants and examine and cross‐examine witnesses,2 although still not address the jury.
Page 35
... act in 'full defence', including address the jury during the trial. For the first time the statute also provided, by section 7, that prisoners should be allowed to subpoena witnesses to appear for them and give evidence on oath.
... act in 'full defence', including address the jury during the trial. For the first time the statute also provided, by section 7, that prisoners should be allowed to subpoena witnesses to appear for them and give evidence on oath.
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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 |