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 9
... felony trials. Once established it quickly spread to countries where the common law had been introduced—usually English colonies, including those in North America. It contrasts with the Roman‐canon inquisitorial system in operation in ...
... felony trials. Once established it quickly spread to countries where the common law had been introduced—usually English colonies, including those in North America. It contrasts with the Roman‐canon inquisitorial system in operation in ...
Page 11
... felony were not allowed to have counsel appear for them, even though the sentence for treason and felony was capital. At first, as lawyers were not yet upon the scene (except in civil suits), this prohibition meant the exclusion of ...
... felony were not allowed to have counsel appear for them, even though the sentence for treason and felony was capital. At first, as lawyers were not yet upon the scene (except in civil suits), this prohibition meant the exclusion of ...
Page 14
... felony trials and that similar legislation for such trials was not necessary. As Serjeant Hawkins wrote, 'Experience' has shown 'great Disadvantages [to defendants] from the want of Counsel, in Prosecutions of High Treason against the ...
... felony trials and that similar legislation for such trials was not necessary. As Serjeant Hawkins wrote, 'Experience' has shown 'great Disadvantages [to defendants] from the want of Counsel, in Prosecutions of High Treason against the ...
Page 17
... prisoners in felony trials was perilous, the dangers they faced were modified by jury nullification and the benefit of clergy which meant that some of them suffered reduced sentences or no penalty at all, apart Introduction 17.
... prisoners in felony trials was perilous, the dangers they faced were modified by jury nullification and the benefit of clergy which meant that some of them suffered reduced sentences or no penalty at all, apart Introduction 17.
Page 18
... felony and weighed down by rules that, unless the jury showed mercy or he had 'clergy', meant his life was in serious danger, the change to adversary trial was a momentous transformation. The prime purpose of this book is to examine the ...
... felony and weighed down by rules that, unless the jury showed mercy or he had 'clergy', meant his life was in serious danger, the change to adversary trial was a momentous transformation. The prime purpose of this book is to examine the ...
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