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 14
... of greater significance, that the Crown always employed counsel to prosecute—were not applicable to felony trials ... the growing demand for prosecuting counsel and to spread the cost of investigating crime and paying legal fees.
... of greater significance, that the Crown always employed counsel to prosecute—were not applicable to felony trials ... the growing demand for prosecuting counsel and to spread the cost of investigating crime and paying legal fees.
Page 16
... concerned with where their power in the courtroom comes from and academic lawyers cannot agree on how adversary trial arose. ... look, and gesture of each witness, as well as of the prosecuting counsel, and the judge, and the jury, ...
... concerned with where their power in the courtroom comes from and academic lawyers cannot agree on how adversary trial arose. ... look, and gesture of each witness, as well as of the prosecuting counsel, and the judge, and the jury, ...
Page 24
As he put it, 'the judge shall be counsel for the prisoner; that is, shall see that the proceedings against him are legal and strictly regular.'25 In other words, more legal and procedural ... as one of the prosecuting counsel.
As he put it, 'the judge shall be counsel for the prisoner; that is, shall see that the proceedings against him are legal and strictly regular.'25 In other words, more legal and procedural ... as one of the prosecuting counsel.
Page 28
For instance, when Stephen Colledge was prosecuted for treason in 1681,60 Lord Chief Justice North refused him counsel and kept from him all his papers including counsel's advice on the examination of witnesses.
For instance, when Stephen Colledge was prosecuted for treason in 1681,60 Lord Chief Justice North refused him counsel and kept from him all his papers including counsel's advice on the examination of witnesses.
Page 37
Adversariality meant direct dispute between the parties with a consequent clear division and conflict within the trial of counsel for the prosecution and counsel for the defence. In a murder case in 1741 prosecuting counsel, ...
Adversariality meant direct dispute between the parties with a consequent clear division and conflict within the trial of counsel for the prosecution and counsel for the defence. In a murder case in 1741 prosecuting counsel, ...
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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 |