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 22
... accused of such could have counsel, in the early twelfth century this meant communal and not professional help. But it also meant that those accused of felony and likely to be sentenced to death could have no counsel at all, either ...
... accused of such could have counsel, in the early twelfth century this meant communal and not professional help. But it also meant that those accused of felony and likely to be sentenced to death could have no counsel at all, either ...
Page 23
... accused and the court. The logic of the rule (denying defence counsel) was to pressure the accused to speak in his or her own defence. 'Part of what motivated the rule was the fear (fully justified in hindsight) that defence counsel ...
... accused and the court. The logic of the rule (denying defence counsel) was to pressure the accused to speak in his or her own defence. 'Part of what motivated the rule was the fear (fully justified in hindsight) that defence counsel ...
Page 26
... accused in certain trials for felony, 'for the better information of the consciences of the jury and justices.' To which he added, 'To say the truth, we never read in any act of Parliament, ancient author, book, case, or record that in ...
... accused in certain trials for felony, 'for the better information of the consciences of the jury and justices.' To which he added, 'To say the truth, we never read in any act of Parliament, ancient author, book, case, or record that in ...
Page 29
... accused then: for it is not possible for him to make his defence if he cannot be at liberty to look after it himself, nor any of his friends permitted to do it for him.' 'You can say whether you are not guilty without papers,' retorted ...
... accused then: for it is not possible for him to make his defence if he cannot be at liberty to look after it himself, nor any of his friends permitted to do it for him.' 'You can say whether you are not guilty without papers,' retorted ...
Page 30
... accused of treason. This then was the position before the eighteenth century when, without legislative interference except for the 1696 statute, the legal landscape was transformed, with counsel allowed a limited appearance for ...
... accused of treason. This then was the position before the eighteenth century when, without legislative interference except for the 1696 statute, the legal landscape was transformed, with counsel allowed a limited appearance for ...
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