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 i
A former magistrate himself, he played a leading role in the abolition of flogging in British colonial prisons. He has also served as chair of Social Security Appeals Tribunals. He holds the degrees of BA, MA, LLB (Hons), ...
A former magistrate himself, he played a leading role in the abolition of flogging in British colonial prisons. He has also served as chair of Social Security Appeals Tribunals. He holds the degrees of BA, MA, LLB (Hons), ...
Page v
... is a commitment of the Government in its rehabilitative agenda. This can be a positive approach as with the use of community sentences in situations that do not merit custodial sentences, and also within prisons where ...
... is a commitment of the Government in its rehabilitative agenda. This can be a positive approach as with the use of community sentences in situations that do not merit custodial sentences, and also within prisons where ...
Page vii
No Counsel for Prisoners 21 3. Treason Trials Act: the Birth of Adversary Trial 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.
No Counsel for Prisoners 21 3. Treason Trials Act: the Birth of Adversary Trial 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.
Page 9
It emerged in early eighteenth century England as the right of prisoners to engage counsel to assist in their defence in felony trials. Once established it quickly spread to countries where the common law had been introduced—usually ...
It emerged in early eighteenth century England as the right of prisoners to engage counsel to assist in their defence in felony trials. Once established it quickly spread to countries where the common law had been introduced—usually ...
Page 11
... by law, following a landmark case in the reign of Edward I (1273‐1307),11 prisoners in trials of treason and felony were ... a juror or even the prisoner, they had to be certified as such by the judge before they could be pleaded.
... by law, following a landmark case in the reign of Edward I (1273‐1307),11 prisoners in trials of treason and felony were ... a juror or even the prisoner, they had to be certified as such by the judge before they could be pleaded.
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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 |