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 12
The History and Origins of Adversary Trial John Hostettler. crime occurred. This gave them a discretionary power and there is a good deal of evidence to show that they used it to acquit accused persons if the crime were not premeditated ...
The History and Origins of Adversary Trial John Hostettler. crime occurred. This gave them a discretionary power and there is a good deal of evidence to show that they used it to acquit accused persons if the crime were not premeditated ...
Page 14
... crime. There was a 'widely held view that advertised rewards were an indispensable instrument for the discovery of all serious crime, and the Home Office followed a consistent policy of encouraging all victims to offer them.'40 At the ...
... crime. There was a 'widely held view that advertised rewards were an indispensable instrument for the discovery of all serious crime, and the Home Office followed a consistent policy of encouraging all victims to offer them.'40 At the ...
Page 19
... Crime and Power: A History of Criminal Justice 1688-1998. Harlow, Addison Wesley Longman Ltd. pp. 18-19. 40 L.Radzinowicz. (1956) A History of English Criminal Law and its Administration from 1750. London, Stevens & Sons Ltd. vol. ii. p ...
... Crime and Power: A History of Criminal Justice 1688-1998. Harlow, Addison Wesley Longman Ltd. pp. 18-19. 40 L.Radzinowicz. (1956) A History of English Criminal Law and its Administration from 1750. London, Stevens & Sons Ltd. vol. ii. p ...
Page 22
... crime should not be represented by counsel at trial.' Furthermore, 'when the surviving sources first allow us to see something of how criminal trials were conducted, we see the judges resolutely enforcing this prohibition on defence ...
... crime should not be represented by counsel at trial.' Furthermore, 'when the surviving sources first allow us to see something of how criminal trials were conducted, we see the judges resolutely enforcing this prohibition on defence ...
Page 23
... crimes remained felonies and continued to attract the death penalty.19 Not surprisingly, to modern eyes the refusal of counsel, then and later, appears to be barbaric but so eminent an authority as Coke, and others, sought to justify ...
... crimes remained felonies and continued to attract the death penalty.19 Not surprisingly, to modern eyes the refusal of counsel, then and later, appears to be barbaric but so eminent an authority as Coke, and others, sought to justify ...
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