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
To make matters worse, accused persons were also not allowed to subpoena witnesses, nor, if they appeared voluntarily, could defence witnesses give evidence on oath, which placed them at a lower level than prosecution witnesses whose ...
To make matters worse, accused persons were also not allowed to subpoena witnesses, nor, if they appeared voluntarily, could defence witnesses give evidence on oath, which placed them at a lower level than prosecution witnesses whose ...
Page 14
With the incidence of crime appearing to increase, Associations for the Prosecution of Felons were formed in large ... To refuse them this form of assistance, even if it appeared to be contrary to “the ends of public justice” might act ...
With the incidence of crime appearing to increase, Associations for the Prosecution of Felons were formed in large ... To refuse them this form of assistance, even if it appeared to be contrary to “the ends of public justice” might act ...
Page 15
... solely umpire and fact finders.43 In this development a pivotal role was played by William Garrow who appeared in many hundreds of cases at the Old Bailey and established an aggressive style of questioning in cross‐examination.
... solely umpire and fact finders.43 In this development a pivotal role was played by William Garrow who appeared in many hundreds of cases at the Old Bailey and established an aggressive style of questioning in cross‐examination.
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 18
The crucial role of Sir William Garrow in that development will be illustrated from the trials in which he appeared as defence counsel at the Old Bailey. Langbein insists that adversary trial arose from the judiciary correcting the ...
The crucial role of Sir William Garrow in that development will be illustrated from the trials in which he appeared as defence counsel at the Old Bailey. Langbein insists that adversary trial arose from the judiciary correcting 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 |