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 1-5 of 54
Page 11
... accused to speak in his or her own defence14 but the idea that this was an advantage to a prisoner will be questioned later when the reasons given for the rule will be considered. To make matters worse, accused persons were also not ...
... accused to speak in his or her own defence14 but the idea that this was an advantage to a prisoner will be questioned later when the reasons given for the rule will be considered. To make matters worse, accused persons were also not ...
Page 12
... accused persons if the crime were not premeditated or too severe.17 As a consequence, in early homicide trials the ... accused's confession, often coerced by torture.'21 In this way 'the law encouraged and, indeed, often required, the ...
... accused persons if the crime were not premeditated or too severe.17 As a consequence, in early homicide trials the ... accused's confession, often coerced by torture.'21 In this way 'the law encouraged and, indeed, often required, the ...
Page 13
... accused could not compel the attendance of witnesses and could not know the exact nature of the indictment against him or her, or have access to the depositions of the prosecution witnesses.28 With these difficulties added to the denial ...
... accused could not compel the attendance of witnesses and could not know the exact nature of the indictment against him or her, or have access to the depositions of the prosecution witnesses.28 With these difficulties added to the denial ...
Page 14
... accused to save their own necks, were increasingly creating more perjury which could injure innocent defendants who were threatened with the death penalty even for trivial offences. Accomplice evidence was not only widespread but also ...
... accused to save their own necks, were increasingly creating more perjury which could injure innocent defendants who were threatened with the death penalty even for trivial offences. Accomplice evidence was not only widespread but also ...
Page 21
... accused is allowed no counsel, but must answer at once; in all other cases [i.e. trespass or misdemeanours] a man may have counsel.'5 Misdemeanours were minor offences and although a defendant 2 No Counsel for Prisoners.
... accused is allowed no counsel, but must answer at once; in all other cases [i.e. trespass or misdemeanours] a man may have counsel.'5 Misdemeanours were minor offences and although a defendant 2 No Counsel for Prisoners.
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