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. |
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Page 34
... court favour, violated the principles of law, the precepts of religion, and the dictates of humanity.'23 Then three years later, in 1688, there came a change with the celebrated Seven Bishops Case.24 This was not a trial for treason but ...
... court favour, violated the principles of law, the precepts of religion, and the dictates of humanity.'23 Then three years later, in 1688, there came a change with the celebrated Seven Bishops Case.24 This was not a trial for treason but ...
Page 35
... Act of Settlement in 1701,25 and the enactment of the Treason Trials Act of 1696.26 This radical statute, which transformed the defendant accused of treason from, 'an essentially passive prisoner into an active participant in the trial ...
... Act of Settlement in 1701,25 and the enactment of the Treason Trials Act of 1696.26 This radical statute, which transformed the defendant accused of treason from, 'an essentially passive prisoner into an active participant in the trial ...
Page 36
... treason the prosecution had, from the first Treason Act of 1352, to produce two witnesses and prove an overt act ... trials for treason, not felony. And, whilst counsel rarely appeared to prosecute alleged felons, the Crown always engaged ...
... treason the prosecution had, from the first Treason Act of 1352, to produce two witnesses and prove an overt act ... trials for treason, not felony. And, whilst counsel rarely appeared to prosecute alleged felons, the Crown always engaged ...
Page 37
... treason cases presented distinctive problems that required special procedures. In the eyes of contemporaries, he says, four aspects of treason trials differentiated them from felony trials. These were: • the ... Treason Trials Act 37.
... treason cases presented distinctive problems that required special procedures. In the eyes of contemporaries, he says, four aspects of treason trials differentiated them from felony trials. These were: • the ... Treason Trials Act 37.
Page 39
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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