Fighting for Justice: The History and Origins of Adversary TrialThis book shows how adversary trial evolved 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. Even now, there is a major dispute as to how and why adversary trial came into existence and little connection has been made with its contribution to the genesis of many rules of evidence and procedure and the modern-day doctrine of human rights - whereby citizens are able to take a stand against the power of the state or vested interests. John Hostettler sets the record straight. John Hostettler is an eminent commentator on criminal justice and its history. In this book he focuses not only on the birth and meaning of adversary trial but also on the historic central role of the lawyer and advocate Sir William Garrow Hostettler assesses how deep-rooted is the notion of opposing parties in the common law, the English psyche and thus within other countries such as the USA that have followed the same model - whereby lawyers champion opposing causes. One aim of the book is to provide an aid to understanding of present-day moves for reform in the direction of restorative methods by outlining the contribution that adversary trial has made to the development of common law systems. 'Interestingly characterises the emergence of adversary trial, in which defence counsel is allowed to cross-examine the prosecution, as the genesis of a recognisably modern human rights culture, which has subsequently expanded across the developed world': Thames View |
From inside the book
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Page 12
... acquit accused persons if the crime were not premeditated or too severe.17 As a consequence , in early homicide trials the great majority of those guilty of non - premeditated killings were acquitted and only about 50 per cent of those ...
... acquit accused persons if the crime were not premeditated or too severe.17 As a consequence , in early homicide trials the great majority of those guilty of non - premeditated killings were acquitted and only about 50 per cent of those ...
Page 26
... acquitted by his conscience , ' he wrote , ' has something in it more moving and convincing than the highest eloquence of persons speaking in a cause not their own . From his own perspective , Langbein also argues that Hawkins foresaw ...
... acquitted by his conscience , ' he wrote , ' has something in it more moving and convincing than the highest eloquence of persons speaking in a cause not their own . From his own perspective , Langbein also argues that Hawkins foresaw ...
Page 27
... acquittal of the Prisoner , yet [ the judges ] will not take [ it ] upon oath , but do leave such Testimony and Evidence to the Jury to give credit to or think thereof , as they shall see and find cause.'50 However , that was before ...
... acquittal of the Prisoner , yet [ the judges ] will not take [ it ] upon oath , but do leave such Testimony and Evidence to the Jury to give credit to or think thereof , as they shall see and find cause.'50 However , that was before ...
Page 29
... acquitted a prisoner who was technically guilty on the basis of conscience or because they thought the penalty of death too severe for the crime.70 Indeed , ' approximately 40 per cent of all defendants arraigned at Home Circuit assizes ...
... acquitted a prisoner who was technically guilty on the basis of conscience or because they thought the penalty of death too severe for the crime.70 Indeed , ' approximately 40 per cent of all defendants arraigned at Home Circuit assizes ...
Page 30
... acquitted by the trial jury . ' ” 1 Nevertheless , in state trials the situation was exploited by the Crown in the reigns of the later Stuarts and this brought to the fore the opposition of the Whig leaders who helped bring about the ...
... acquitted by the trial jury . ' ” 1 Nevertheless , in state trials the situation was exploited by the Crown in the reigns of the later Stuarts and this brought to the fore the opposition of the Whig leaders who helped bring about the ...
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 barristers Barry Rose Bill Brougham Cairns charged client confession convicted Counsel Act court courtroom crime Criminal Justice Criminal Law criminal procedure cross-examination Crown death December defence counsel Edinburgh Review eighteenth century England Erskine examination felony felony trials found guilty give evidence Glorious Revolution hearsay House of Commons human rights Ibid indictment innocent inquisitorial system J.H. Langbein J.M. Beattie jury found Landsman Law Review 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 Thomas told the jury Treason Trials Act Trial of John Trial of William truth Vogler Whig William Garrow www.oldbaileyonline.org