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
... in 1219, they turned the presenting jury into a jury of fact finders who could determine guilt or innocence. They thereby avoided both the all‐powerful judge and the use of torture.3 Over succeeding centuries, the criminal trial ...
... in 1219, they turned the presenting jury into a jury of fact finders who could determine guilt or innocence. They thereby avoided both the all‐powerful judge and the use of torture.3 Over succeeding centuries, the criminal trial ...
Page 10
10 They prefer the continental inquisitorial system where, instead of a battle between parties to establish guilt or innocence, there is an attempt to establish the truth by a long investigation process conducted by the judge.
10 They prefer the continental inquisitorial system where, instead of a battle between parties to establish guilt or innocence, there is an attempt to establish the truth by a long investigation process conducted by the judge.
Page 14
... were increasingly creating more perjury which could injure innocent defendants who were threatened with the death penalty even for trivial offences. Accomplice evidence was not only widespread but also officially encouraged.
... were increasingly creating more perjury which could injure innocent defendants who were threatened with the death penalty even for trivial offences. Accomplice evidence was not only widespread but also officially encouraged.
Page 23
21 Interestingly, this attempt to justify the denial of counsel led even Scroggs into an early example of the presumption of innocence with the burden of proof on the prosecution.
21 Interestingly, this attempt to justify the denial of counsel led even Scroggs into an early example of the presumption of innocence with the burden of proof on the prosecution.
Page 25
... often surprised by unexpected evidence ... could only stammer out a vague assertion of innocence.32 Furthermore, ... even than Coke when he urged that denial of defence by counsel was actually an advantage to an innocent person.
... often surprised by unexpected evidence ... could only stammer out a vague assertion of innocence.32 Furthermore, ... even than Coke when he urged that denial of defence by counsel was actually an advantage to an innocent person.
What people are saying - Write a review
We haven't found any reviews in the usual places.
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 |