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
Moreover, what is the purpose when there already exists a right of families to address the court in writing through a victim impact assessment which goes to the judge and which he can read out and use in sentencing?
Moreover, what is the purpose when there already exists a right of families to address the court in writing through a victim impact assessment which goes to the judge and which he can read out and use in sentencing?
Page 22
But it also meant that those accused of felony and likely to be 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 ...
But it also meant that those accused of felony and likely to be 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 ...
Page 23
... illiterate, in awe of the trappings of the court, in fear of their lives and with no resources to prepare a defence—could not take advantage of Langbein's 'accused speaks' style of trial and were frequently sentenced unheard.
... illiterate, in awe of the trappings of the court, in fear of their lives and with no resources to prepare a defence—could not take advantage of Langbein's 'accused speaks' style of trial and were frequently sentenced unheard.
Page 24
Priddle was 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 ...
Priddle was 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 ...
Page 28
charged with mail robbery was unwell, the judge allowed his counsel to state the defence case to the jury, although it did not help him and he was found guilty and sentenced to death.59 But while these few cases illustrate that the whim ...
charged with mail robbery was unwell, the judge allowed his counsel to state the defence case to the jury, although it did not help him and he was found guilty and sentenced to death.59 But while these few cases illustrate that the whim ...
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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