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 10
Finally, there must be 'an elaborate set of rules to govern the trial and the behaviour of the advocates ...' He adds that, 'no one set out to build the adversary system. It was neither part of a grand governmental design nor the scheme ...
Finally, there must be 'an elaborate set of rules to govern the trial and the behaviour of the advocates ...' He adds that, 'no one set out to build the adversary system. It was neither part of a grand governmental design nor the scheme ...
Page 16
Moreover, in his book Langbein refers to the 'trickster William Garrow'50, although none of the quotations he takes from Garrow's advocacy justifies such a description. Indeed, Brougham testified to Garrow's discretion, judgment and ...
Moreover, in his book Langbein refers to the 'trickster William Garrow'50, although none of the quotations he takes from Garrow's advocacy justifies such a description. Indeed, Brougham testified to Garrow's discretion, judgment and ...
Page 17
Indeed, the Law Review strongly urged that it was 'unwise to encourage the establishment of any “inferior order of advocates.'''62 The Bar was fighting for its professional life with most of its members more concerned to survive than ...
Indeed, the Law Review strongly urged that it was 'unwise to encourage the establishment of any “inferior order of advocates.'''62 The Bar was fighting for its professional life with most of its members more concerned to survive than ...
Page 18
(1990) 'The Rise of the Contentious Spirit: Adversary Procedure in Eighteenth Century England.' New York, Cornell Law Review. Cornell Law Association. p. 499. 6 Ibid. p. 500. 7 Cited by S. Rogers. (1899) 'The Ethics of Advocacy'.
(1990) 'The Rise of the Contentious Spirit: Adversary Procedure in Eighteenth Century England.' New York, Cornell Law Review. Cornell Law Association. p. 499. 6 Ibid. p. 500. 7 Cited by S. Rogers. (1899) 'The Ethics of Advocacy'.
Page 30
(1998) Advocacy and the Making of the Adversarial Criminal Trial. Oxford, The Clarendon Press. p. 27. 11 13 State Trials. col. 222. 12 J. H. Langbein. (2003) The Origins of Adversary Criminal Trial. Oxford, Oxford University Press. pp.
(1998) Advocacy and the Making of the Adversarial Criminal Trial. Oxford, The Clarendon Press. p. 27. 11 13 State Trials. col. 222. 12 J. H. Langbein. (2003) The Origins of Adversary Criminal Trial. Oxford, Oxford University Press. pp.
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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