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 ii
Fighting for Justice The History and Origins of Adversary Trial John Hostettler Published 2006 by WATERSIDE PRESS ... No part of this book may be reproduced, stored in any retrieval system or transmitted in any form or by any means, ...
Fighting for Justice The History and Origins of Adversary Trial John Hostettler Published 2006 by WATERSIDE PRESS ... No part of this book may be reproduced, stored in any retrieval system or transmitted in any form or by any means, ...
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After all, the adversary system of trial, with counsel as the forensic champions of hostile parties, is so well established in the modern public mind as to present a serious challenge to any would‐be reformers.
After all, the adversary system of trial, with counsel as the forensic champions of hostile parties, is so well established in the modern public mind as to present a serious challenge to any would‐be reformers.
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The adversary system is, in essence, a rule of law‐friendly version of this and we should always remember the value that is inherent in a method that allows the individual to directly challenge any allegation made by or on behalf of the ...
The adversary system is, in essence, a rule of law‐friendly version of this and we should always remember the value that is inherent in a method that allows the individual to directly challenge any allegation made by or on behalf of the ...
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It contrasts with the Roman‐canon inquisitorial system in operation in other parts of the world, particularly Europe. Differing from the battle between opposing counsel in adversary trial, the continental system imposed on the judge a ...
It contrasts with the Roman‐canon inquisitorial system in operation in other parts of the world, particularly Europe. Differing from the battle between opposing counsel in adversary trial, the continental system imposed on the judge a ...
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Landsman identifies the essence of the adversary system when he outlines three modern elements that are fundamental to it. First, 'the decision‐maker remains neutral and passive during the trial'. Secondly, the parties must produce the ...
Landsman identifies the essence of the adversary system when he outlines three modern elements that are fundamental to it. First, 'the decision‐maker remains neutral and passive during the trial'. Secondly, the parties must produce 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