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 vi
... sentencing? Programmes identified with restorative justice include assisting relatives of victims but there is no obvious need for this to be done in court to the potential detriment of justice. But none of this is to say that we should ...
... sentencing? Programmes identified with restorative justice include assisting relatives of victims but there is no obvious need for this to be done in court to the potential detriment of justice. But none of this is to say that we should ...
Page 22
... sentenced to death could have no counsel at all, either before or after 1235 when lawyers came on the scene.6 Then, in the reign of Edward I, by which time lawyers were established as a profession, the judges formally confirmed the ...
... sentenced to death could have no counsel at all, either before or after 1235 when lawyers came on the scene.6 Then, in the reign of Edward I, by which time lawyers were established as a profession, the judges formally confirmed the ...
Page 23
... sentenced unheard. Even if they could speak, they were not permitted to give sworn evidence. At the time of the lustre and vibrant spirit of the Elizabethan Age, when Sir Edward Coke (1552‐1634) was exercising an extraordinary influence ...
... sentenced unheard. Even if they could speak, they were not permitted to give sworn evidence. At the time of the lustre and vibrant spirit of the Elizabethan Age, when Sir Edward Coke (1552‐1634) was exercising an extraordinary influence ...
Page 24
... sentenced to two years' imprisonment, Holloway and Stephens received 18 months each and for some reason all three were also fined six shillings and eightpence. NO BREAK FOR JURIES Where trials were lengthy this affected Fighting for ...
... sentenced to two years' imprisonment, Holloway and Stephens received 18 months each and for some reason all three were also fined six shillings and eightpence. NO BREAK FOR JURIES Where trials were lengthy this affected Fighting for ...
Page 28
... sentenced to death.59 But while these few cases illustrate that the whim and politics of the judge might occasionally have an effect, the oppressive general rule forbidding counsel was consistently used over centuries, as contemporaries ...
... sentenced to death.59 But while these few cases illustrate that the whim and politics of the judge might occasionally have an effect, the oppressive general rule forbidding counsel was consistently used over centuries, as contemporaries ...
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