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 18
... courts play 'a leading role in resolving human rights controversies and developing human rights norms.'63. It is relevant to ask whether, and if so how far, adversary trial was linked with this development of a theory of human rights ...
... courts play 'a leading role in resolving human rights controversies and developing human rights norms.'63. It is relevant to ask whether, and if so how far, adversary trial was linked with this development of a theory of human rights ...
Page 22
... court.8 As for the reason, in the leading case the court told the prisoner that he could not have counsel 'because the King is party in this case, and sues ex officio, for which reason it is not proper that you should have counsel ...
... court.8 As for the reason, in the leading case the court told the prisoner that he could not have counsel 'because the King is party in this case, and sues ex officio, for which reason it is not proper that you should have counsel ...
Page 23
... court. The logic of the rule (denying defence counsel) was to pressure the accused to speak in his or her own ... court's ability to have the accused serve as an informational source'.17 What hindsight really appears to show, however, is ...
... court. The logic of the rule (denying defence counsel) was to pressure the accused to speak in his or her own ... court's ability to have the accused serve as an informational source'.17 What hindsight really appears to show, however, is ...
Page 24
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Contents
9 | |
21 | |
the Birth of Adversary Trial | 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