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 9
... innocence . They thereby avoided both the all - powerful judge and the use of torture.3 Over succeeding centuries , the criminal trial jury in England changed its character but remained a fact - finding body whilst criminal law ...
... innocence . They thereby avoided both the all - powerful judge and the use of torture.3 Over succeeding centuries , the criminal trial jury in England changed its character but remained a fact - finding body whilst criminal law ...
Page 10
... innocence , there is an attempt to establish the truth by a long investigation process conducted by the judge . Unlike adversary trial , there is no presumption of innocence and the witnesses are called by the pro - active judge , not ...
... innocence , there is an attempt to establish the truth by a long investigation process conducted by the judge . Unlike adversary trial , there is no presumption of innocence and the witnesses are called by the pro - active judge , not ...
Page 14
... innocent defendants who were threatened with the death penalty even for trivial offences . Accomplice evidence was not only widespread but also officially encouraged . Some people argued that it tainted the criminal justice system and ...
... innocent defendants who were threatened with the death penalty even for trivial offences . Accomplice evidence was not only widespread but also officially encouraged . Some people argued that it tainted the criminal justice system and ...
Page 23
... innocence with the burden of proof on the prosecution . ... What the judges of a different disposition from that of Scroggs could do in those days was to ensure that a trial was conducted in a seemly manner . Baker has shown that in an ...
... innocence with the burden of proof on the prosecution . ... What the judges of a different disposition from that of Scroggs could do in those days was to ensure that a trial was conducted in a seemly manner . Baker has shown that in an ...
Page 25
... innocence.32 Furthermore , if a jury had not arrived at a decision by the time the itinerant judges were due to ... innocent person . Although admitting that many had complained that the rule was very unreasonable , Hawkins believed ...
... innocence.32 Furthermore , if a jury had not arrived at a decision by the time the itinerant judges were due to ... innocent person . Although admitting that many had complained that the rule was very unreasonable , Hawkins believed ...
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