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. |
From inside the book
Results 11-15 of 79
Page 22
... counsel, in the early twelfth century this meant communal and not professional help. But it also meant that those ... defence counsel in trials for felony. It was laid down judicially in a case of rape7 that prisoners on indictment in ...
... counsel, in the early twelfth century this meant communal and not professional help. But it also meant that those ... defence counsel in trials for felony. It was laid down judicially in a case of rape7 that prisoners on indictment in ...
Page 23
... defence counsel to intermediate between the 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 ...
... defence counsel to intermediate between the 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 ...
Page 25
... counsel for the prisoners. So undoubtedly they were, as far as they could to prevent undue influence being excited against prisoners; but it was impossible for them to go farther than this; for they could not suggest the course of defence ...
... counsel for the prisoners. So undoubtedly they were, as far as they could to prevent undue influence being excited against prisoners; but it was impossible for them to go farther than this; for they could not suggest the course of defence ...
Page 26
... defence of others speaking for them.'36 From which he concluded that the absence of counsel helped the jury convict the guilty.37 He also thought that everyone could speak to a matter of fact as if he or she were the best lawyer. 'The ...
... defence of others speaking for them.'36 From which he concluded that the absence of counsel helped the jury convict the guilty.37 He also thought that everyone could speak to a matter of fact as if he or she were the best lawyer. 'The ...
Page 27
... defence witnesses but it has recently been argued that the system forbade a conflict of oaths in capital cases in ... counsel, Leveller leader John Lilburne asked for the assistance of counsel in his trial in 1649 but this was denied.52 ...
... defence witnesses but it has recently been argued that the system forbade a conflict of oaths in capital cases in ... counsel, Leveller leader John Lilburne asked for the assistance of counsel in his trial in 1649 but this was denied.52 ...
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