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 18
The History and Origins of Adversary Trial John Hostettler. them suffered reduced sentences or no penalty at all, apart from branding. As a consequence, the demand for reform was to some extent stifled. For the prisoner in the dock ...
The History and Origins of Adversary Trial John Hostettler. them suffered reduced sentences or no penalty at all, apart from branding. As a consequence, the demand for reform was to some extent stifled. For the prisoner in the dock ...
Page 22
... case in 1602, that if counsel were allowed, 'every prisoner would want it.'13 And, in the trial of John Mordant in 1658, 'when the prisoner asked to have representation of counsel, the court responded, “You have alleged nothing [i.e. no ...
... case in 1602, that if counsel were allowed, 'every prisoner would want it.'13 And, in the trial of John Mordant in 1658, 'when the prisoner asked to have representation of counsel, the court responded, “You have alleged nothing [i.e. no ...
Page 23
... trial and were frequently sentenced unheard. Even if they could speak, they ... trial was conducted in a seemly manner. Baker has shown that in an Old Bailey ... John Twyn for treason, Chief Justice Hyde told him, 'the court ... are to ...
... trial and were frequently sentenced unheard. Even if they could speak, they ... trial was conducted in a seemly manner. Baker has shown that in an Old Bailey ... John Twyn for treason, Chief Justice Hyde told him, 'the court ... are to ...
Page 24
The History and Origins of Adversary Trial John Hostettler. presume no man among you can doubt but the witnesses have spoken true; and for answer you have nothing but his [Twyn's] bare denial.'24 Vigorous cross‐examination of the ...
The History and Origins of Adversary Trial John Hostettler. presume no man among you can doubt but the witnesses have spoken true; and for answer you have nothing but his [Twyn's] bare denial.'24 Vigorous cross‐examination of the ...
Page 26
The History and Origins of Adversary Trial John Hostettler. help to disclose the truth, which probably would not so well be discovered from the artificial defence of others speaking for them.'36 From which he concluded that the absence ...
The History and Origins of Adversary Trial John Hostettler. help to disclose the truth, which probably would not so well be discovered from the artificial defence of others speaking for them.'36 From which he concluded that the absence ...
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