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
Results 6-10 of 36
Page 19
... Crown. London, J. Walthoe. vol. ii. p. 402. 39 P. Rawlings. (1999) Crime and Power: A History of Criminal Justice 1688-1998. Harlow, Addison Wesley Longman Ltd. pp. 18-19. 40 L.Radzinowicz. (1956) A History of English Criminal Law and ...
... Crown. London, J. Walthoe. vol. ii. p. 402. 39 P. Rawlings. (1999) Crime and Power: A History of Criminal Justice 1688-1998. Harlow, Addison Wesley Longman Ltd. pp. 18-19. 40 L.Radzinowicz. (1956) A History of English Criminal Law and ...
Page 22
... Crown in treason or felony trials and this may well have been accepted by them since otherwise their careers and possibly their lives might well have been at risk.10 Even after counsel were allowed in treason trials by the Treason ...
... Crown in treason or felony trials and this may well have been accepted by them since otherwise their careers and possibly their lives might well have been at risk.10 Even after counsel were allowed in treason trials by the Treason ...
Page 23
... Crown ] to make out these intrigues of yours; therefore you need not have counsel, because the proof must be plain upon you, and then it will be in vain to deny the conclusion.'21 Interestingly, this attempt to justify the denial of ...
... Crown ] to make out these intrigues of yours; therefore you need not have counsel, because the proof must be plain upon you, and then it will be in vain to deny the conclusion.'21 Interestingly, this attempt to justify the denial of ...
Page 25
... Crown, published in 1716. Despite the fact that Hawkins' work was written in a period when there was a large increase in the number of crimes made capital, he went further even than Coke when he urged that denial of defence by counsel ...
... Crown, published in 1716. Despite the fact that Hawkins' work was written in a period when there was a large increase in the number of crimes made capital, he went further even than Coke when he urged that denial of defence by counsel ...
Page 29
... Crown could engage counsel to prosecute and was free, if it chose, to take advantage of the law forbidding defence witnesses altogether in state and political trials. Prosecutors could also instruct counsel in felony trials but here ...
... Crown could engage counsel to prosecute and was free, if it chose, to take advantage of the law forbidding defence witnesses altogether in state and political trials. Prosecutors could also instruct counsel in felony trials but here ...
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