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 ii
The History and Origins of Adversary Trial John Hostettler. Fighting for ... system or transmitted in any form or by any means, including over the ... Adversary Trial Fighting for Justice ii.
The History and Origins of Adversary Trial John Hostettler. Fighting for ... system or transmitted in any form or by any means, including over the ... Adversary Trial Fighting for Justice ii.
Page v
... adversary trial in our criminal courts as to parliament and trial by jury. In reality, however, the opposite is true ... system of trial, with counsel as the forensic champions of hostile parties, is so well established in the modern public ...
... adversary trial in our criminal courts as to parliament and trial by jury. In reality, however, the opposite is true ... system of trial, with counsel as the forensic champions of hostile parties, is so well established in the modern public ...
Page vi
... system has grown out of a historical line of development that sought to protect both victims and offenders, that began when blood money, or bot or botgeld became an alternative to outright self‐help, retaliation and revenge. The adversary ...
... system has grown out of a historical line of development that sought to protect both victims and offenders, that began when blood money, or bot or botgeld became an alternative to outright self‐help, retaliation and revenge. The adversary ...
Page 9
... system in operation in other parts of the world, particularly Europe. Differing from the battle between opposing counsel in adversary trial, the continental system imposed on the judge a duty to inquire into the circumstances of the ...
... system in operation in other parts of the world, particularly Europe. Differing from the battle between opposing counsel in adversary trial, the continental system imposed on the judge a duty to inquire into the circumstances of the ...
Page 10
... adversary system when he outlines three modern elements that are fundamental to it. First, 'the decision‐maker remains neutral and passive during the trial'. Secondly, the parties must produce the evidence and proof. Finally, there must ...
... adversary system when he outlines three modern elements that are fundamental to it. First, 'the decision‐maker remains neutral and passive during the trial'. Secondly, the parties must produce the evidence and proof. Finally, there must ...
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