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
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Page 27
... felony. Langbein has argued forcibly that in any event there was not a rule forbidding defence witnesses in felony trials.49 Indeed, he cites Dalton as saying as early as 1618 that assize judges 'will often hear Witnesses and Evidence ...
... felony. Langbein has argued forcibly that in any event there was not a rule forbidding defence witnesses in felony trials.49 Indeed, he cites Dalton as saying as early as 1618 that assize judges 'will often hear Witnesses and Evidence ...
Page 29
... felony trials but here they, and judges, were often thwarted by jury nullification when the jury acquitted a prisoner who was technically guilty on the basis of conscience or because they thought the penalty of death too severe for the ...
... felony trials but here they, and judges, were often thwarted by jury nullification when the jury acquitted a prisoner who was technically guilty on the basis of conscience or because they thought the penalty of death too severe for the ...
Page 32
... felony, despite the fact that the growth of professional prosecutions was weighing such trials more heavily in favour of the prosecution. According to Langbein, the consequent unequal contest resulted in the judges gradually permitting ...
... felony, despite the fact that the growth of professional prosecutions was weighing such trials more heavily in favour of the prosecution. According to Langbein, the consequent unequal contest resulted in the judges gradually permitting ...
Page 36
... felony. And, whilst counsel rarely appeared to prosecute alleged felons, the Crown always engaged counsel to prosecute in treason trials. The fact that defendants in felony trials were also burdened, as we have seen, with other grave ...
... felony. And, whilst counsel rarely appeared to prosecute alleged felons, the Crown always engaged counsel to prosecute in treason trials. The fact that defendants in felony trials were also burdened, as we have seen, with other grave ...
Page 37
... felony trials. These were: • the prosecutorial imbalance; • the subservience of the bench; • the complexity of the offence of treason; and • the rarity of treason cases.38 However, the first two and last aspects might well have applied ...
... felony trials. These were: • the prosecutorial imbalance; • the subservience of the bench; • the complexity of the offence of treason; and • the rarity of treason cases.38 However, the first two and last aspects might well have applied ...
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