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 11
... criminal trials were usually of short duration, members of the Bar would have found them neither sufficiently interesting nor remunerative enough to wish to act as prosecutors and England had no system of public prosecution. Instead ...
... criminal trials were usually of short duration, members of the Bar would have found them neither sufficiently interesting nor remunerative enough to wish to act as prosecutors and England had no system of public prosecution. Instead ...
Page 12
... criminal justice system than monarchs had in earlier times and as part of its search for strong government, the Crown was well‐disposed towards the continental canon law and the exercise of torture, with the central, and dominating ...
... criminal justice system than monarchs had in earlier times and as part of its search for strong government, the Crown was well‐disposed towards the continental canon law and the exercise of torture, with the central, and dominating ...
Page 13
... criminal trials in England at the time have been described as 'nasty, brutish, and essentially short.'29 During the Interregnum (1649‐1659) the problems were to some extent recognized and it was proposed by the Hale Commission, chaired ...
... criminal trials in England at the time have been described as 'nasty, brutish, and essentially short.'29 During the Interregnum (1649‐1659) the problems were to some extent recognized and it was proposed by the Hale Commission, chaired ...
Page 14
... criminal justice system and reduced its authority.39 Others believed that immunity for accomplices was an important weapon against crime. There was a 'widely held view that advertised rewards were an indispensable instrument for the ...
... criminal justice system and reduced its authority.39 Others believed that immunity for accomplices was an important weapon against crime. There was a 'widely held view that advertised rewards were an indispensable instrument for the ...
Page 15
... criminal trial. Other impulses, he says, included 'the rise of dynamic individualism and the growth of a market ... criminal justice.'48 Its origins, however, were for long unknown and are now disputed. Criminal barristers practising in ...
... criminal trial. Other impulses, he says, included 'the rise of dynamic individualism and the growth of a market ... criminal justice.'48 Its origins, however, were for long unknown and are now disputed. Criminal barristers practising in ...
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