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 9
... confessed. Circumstantial evidence was never sufficient in itself to warrant conviction. These evidentiary rules made it impossible to obtain convictions in many cases unless the defendant was willing to confess. Roman-canon process ...
... confessed. Circumstantial evidence was never sufficient in itself to warrant conviction. These evidentiary rules made it impossible to obtain convictions in many cases unless the defendant was willing to confess. Roman-canon process ...
Page 12
... confession, often coerced by torture.'21 In this way 'the law encouraged and, indeed, often required, the torture of the accused in order to produce a confession, which was considered of particularly high evidentiary value.'22 It is in ...
... confession, often coerced by torture.'21 In this way 'the law encouraged and, indeed, often required, the torture of the accused in order to produce a confession, which was considered of particularly high evidentiary value.'22 It is in ...
Page 25
... confessed himself too faint to sum up, and even to recollect the evidence; till the unfortunate prisoner, browbeaten by the judge and the opposite counsel, bewildered by the legal subtleties, often surprised by unexpected evidence ...
... confessed himself too faint to sum up, and even to recollect the evidence; till the unfortunate prisoner, browbeaten by the judge and the opposite counsel, bewildered by the legal subtleties, often surprised by unexpected evidence ...
Page 41
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Page 53
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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