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 16
... not much has been known about how and why it occurred.'49 There is considerable academic dispute as to whether adversary ... found the prisoner 'guilty of manslaughter but not of murder' and she was burnt in the hand and discharged.52N ...
... not much has been known about how and why it occurred.'49 There is considerable academic dispute as to whether adversary ... found the prisoner 'guilty of manslaughter but not of murder' and she was burnt in the hand and discharged.52N ...
Page 24
... not sum up the case fully he concluded his short address to them by saying, 'I am sensible I have omitted many things; but I am a little faint, and cannot repeat any more of the evidence.'27 Fortunately, the jury found Cowper not guilty ...
... not sum up the case fully he concluded his short address to them by saying, 'I am sensible I have omitted many things; but I am a little faint, and cannot repeat any more of the evidence.'27 Fortunately, the jury found Cowper not guilty ...
Page 25
... not only judges but also jurors who had to sit throughout and retire without 'meat, drink, fire or candle' until they unanimously agreed on a verdict.30 In a trial in 1588 jurors were fined when they were found ... guilty, when they speak for ...
... not only judges but also jurors who had to sit throughout and retire without 'meat, drink, fire or candle' until they unanimously agreed on a verdict.30 In a trial in 1588 jurors were fined when they were found ... guilty, when they speak for ...
Page 26
... not so well be discovered from the artificial defence of others speaking for them.'36 From which he concluded that the absence of counsel helped the jury convict the guilty.37 He also thought that everyone could speak to a matter of ...
... not so well be discovered from the artificial defence of others speaking for them.'36 From which he concluded that the absence of counsel helped the jury convict the guilty.37 He also thought that everyone could speak to a matter of ...
Page 27
... guilty of what is charged upon him.'53 After hearing Lilburne's defence he went further and told the jury, 'you will ... found Lilburne not guilty.55 But even in early times the ban was not always absolute. Hawkins cited a case from the ...
... guilty of what is charged upon him.'53 After hearing Lilburne's defence he went further and told the jury, 'you will ... found Lilburne not guilty.55 But even in early times the ban was not always absolute. Hawkins cited a case from 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