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
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Page 30
... Act of 1696 which permitted counsel to act for prisoners accused of treason. This then was the position before the eighteenth century when, without legislative interference except for the 1696 statute, the legal landscape was ...
... Act of 1696 which permitted counsel to act for prisoners accused of treason. This then was the position before the eighteenth century when, without legislative interference except for the 1696 statute, the legal landscape was ...
Page 31
... Law of England. London, Routledge/Thoemmes Press. vol. 1. p. 422. 29 OBS Online. (www.oldbaileyonline.org, 17 March 2005) 18 April 1787 Trial of William Priddle, Robert ... Act: the Birth of Adversary Trial No Counsel for Prisoners 31.
... Law of England. London, Routledge/Thoemmes Press. vol. 1. p. 422. 29 OBS Online. (www.oldbaileyonline.org, 17 March 2005) 18 April 1787 Trial of William Priddle, Robert ... Act: the Birth of Adversary Trial No Counsel for Prisoners 31.
Page 32
... legislation followed the Treason Trials Act that would permit counsel to appear for the defence in trials of felony, despite the fact that the growth of professional prosecutions was weighing such trials more heavily in favour of the ...
... legislation followed the Treason Trials Act that would permit counsel to appear for the defence in trials of felony, despite the fact that the growth of professional prosecutions was weighing such trials more heavily in favour of the ...
Page 34
... legislation. They were charged with seditious libel which, as a misdemeanour, meant they could instruct members of the Bar to appear on their behalf. Counsel acted with such effectiveness for the defence that the judges were divided and ...
... legislation. They were charged with seditious libel which, as a misdemeanour, meant they could instruct members of the Bar to appear on their behalf. Counsel acted with such effectiveness for the defence that the judges were divided and ...
Page 35
... Act of Settlement in 1701,25 and the enactment of the Treason Trials Act of 1696.26 This radical statute, which ... counsel act for them in all respects. Accepting that a defendant might be innocent, the preamble to the Act declared ...
... Act of Settlement in 1701,25 and the enactment of the Treason Trials Act of 1696.26 This radical statute, which ... counsel act for them in all respects. Accepting that a defendant might be innocent, the preamble to the Act declared ...
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