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 v
... human rights which , under the influence of the common law , has become diffused across the developed world . As a consequence , a large part of this book concentrates on the birth and meaning of adversary trial . It also endeavours to ...
... human rights which , under the influence of the common law , has become diffused across the developed world . As a consequence , a large part of this book concentrates on the birth and meaning of adversary trial . It also endeavours to ...
Page vi
... right of families to address the court in writing through a victim impact assessment which goes to the judge and which ... human rights and the scales of justice . I hope that it might also prove to be an enjoyable insight into the life ...
... right of families to address the court in writing through a victim impact assessment which goes to the judge and which ... human rights and the scales of justice . I hope that it might also prove to be an enjoyable insight into the life ...
Page 13
... Rights of 1689.35 In an early manifestation of the modern concept of human rights , this provided , inter alia , for the free election of MPs ; the right to trial by jury and the empanelling of jurors fairly ; that excessive bail should ...
... Rights of 1689.35 In an early manifestation of the modern concept of human rights , this provided , inter alia , for the free election of MPs ; the right to trial by jury and the empanelling of jurors fairly ; that excessive bail should ...
Page 18
... Rights of 1689 , foreshadowed human rights becoming an integral part of the legal , moral and political fabric of civilized society in which today the courts play ' a leading role in resolving human rights controversies and developing ...
... Rights of 1689 , foreshadowed human rights becoming an integral part of the legal , moral and political fabric of civilized society in which today the courts play ' a leading role in resolving human rights controversies and developing ...
Page 20
... Human Rights in Context : Law , Politics , Morals . Oxford , Clarendon Press . pp . v - vi . CHAPTER 2 No Counsel for Prisoners INTRODUCTION In English criminal 20 Fighting for Justice.
... Human Rights in Context : Law , Politics , Morals . Oxford , Clarendon Press . pp . v - vi . CHAPTER 2 No Counsel for Prisoners INTRODUCTION In English criminal 20 Fighting for Justice.
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