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
... trial by ordeal in England in 121916 and at first jurors were witnesses, or in contact with witnesses, from the community where the alleged crime occurred. This gave them a discretionary power and there Introduction 11.
... trial by ordeal in England in 121916 and at first jurors were witnesses, or in contact with witnesses, from the community where the alleged crime occurred. This gave them a discretionary power and there Introduction 11.
Page 22
... alleged against his client, even though he conducted a robust defence.11 In consequence of the rule, every prisoner brought to trial for treason, murder, arson, rape, robbery, burglary, and most other forms of theft, had to defend ...
... alleged against his client, even though he conducted a robust defence.11 In consequence of the rule, every prisoner brought to trial for treason, murder, arson, rape, robbery, burglary, and most other forms of theft, had to defend ...
Page 24
... alleged murder of a Mrs Stout. Cowper was the younger brother of William Cowper, the Lord Chancellor and grandfather of the poet, William Cowper. At the conclusion of what had been a long trial, at a time when felony trials could not be ...
... alleged murder of a Mrs Stout. Cowper was the younger brother of William Cowper, the Lord Chancellor and grandfather of the poet, William Cowper. At the conclusion of what had been a long trial, at a time when felony trials could not be ...
Page 28
... alleged in court that he was one himself. Prosecuting for the state were, among others, Robert Sawyer, the Attorney‐general and, at the personal request of the King, Sir George Jeffreys–later the notorious Hanging Judge. At the trial ...
... alleged in court that he was one himself. Prosecuting for the state were, among others, Robert Sawyer, the Attorney‐general and, at the personal request of the King, Sir George Jeffreys–later the notorious Hanging Judge. At the trial ...
Page 29
... alleged offences. Calling for one of them to appear in the courtroom he said, 'It is a hundred to one if he be here, for I have not been permitted so much as to send a scrap of paper'68 asking him to be present. In those circumstances ...
... alleged offences. Calling for one of them to appear in the courtroom he said, 'It is a hundred to one if he be here, for I have not been permitted so much as to send a scrap of paper'68 asking him to be present. In those circumstances ...
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