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 32
... Sidney was a prime factor leading not only to the Glorious Revolution but also to the introduction of the Treason Trials Act1 which, from 25 of March 1696, allowed defendants accused of treason to be fully represented by counsel.
... Sidney was a prime factor leading not only to the Glorious Revolution but also to the introduction of the Treason Trials Act1 which, from 25 of March 1696, allowed defendants accused of treason to be fully represented by counsel.
Page 34
Claiming that he saw friends of the accused in court he vowed he would crush them all.20 Finally, he told the jury to find Baxter guilty of seditious libel, which they did. No wonder Leslie Stephen, the usually mildly spoken 'past ...
Claiming that he saw friends of the accused in court he vowed he would crush them all.20 Finally, he told the jury to find Baxter guilty of seditious libel, which they did. No wonder Leslie Stephen, the usually mildly spoken 'past ...
Page 35
later Stuarts and their judges, secured both the independence of the judiciary with the 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 ...
later Stuarts and their judges, secured both the independence of the judiciary with the 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 ...
Page 36
Its safeguards, he wrote, were: So great a favour that they were to be reserved for people accused of crime for which legislators themselves or their friends and connections were likely to be prosecuted.
Its safeguards, he wrote, were: So great a favour that they were to be reserved for people accused of crime for which legislators themselves or their friends and connections were likely to be prosecuted.
Page 37
Instead, as we have seen, the importance of lawyers in the criminal courts had commenced in the 1730s when the rule forbidding counsel to the accused started to weaken as counsel began 'to do everything for prisoners accused of felony ...
Instead, as we have seen, the importance of lawyers in the criminal courts had commenced in the 1730s when the rule forbidding counsel to the accused started to weaken as counsel began 'to do everything for prisoners accused of felony ...
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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
Bibliographic information
| Title | Fighting for Justice: The History and Origins of Adversary Trial |
| Author | John Hostettler |
| Publisher | Waterside Press, 2006 |
| ISBN | 1906534160, 9781906534165 |
| Length | 140 pages |
| Subjects | › Biography & Autobiography / Lawyers & Judges Law / Legal History |
| Export Citation | BiBTeX EndNote RefMan |