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 21
The History and Origins of Adversary Trial John Hostettler. CHAPTER. 2. No. Counsel. for. Prisoners. INTRODUCTION. In English criminal law indictments for felony have always been taken in the name of the monarch and, in early times, it was ...
The History and Origins of Adversary Trial John Hostettler. CHAPTER. 2. No. Counsel. for. Prisoners. INTRODUCTION. In English criminal law indictments for felony have always been taken in the name of the monarch and, in early times, it was ...
Page 22
... trials for felony. It was laid down judicially in a case of rape7 that prisoners on indictment in treason and felony trials were not permitted to have counsel appear for them except on points of law, and then only at the direction of the ...
... trials for felony. It was laid down judicially in a case of rape7 that prisoners on indictment in treason and felony trials were not permitted to have counsel appear for them except on points of law, and then only at the direction of the ...
Page 24
... trial, at a time when felony trials could not be adjourned, the judge was so fatigued as to be incapable of properly summing up the evidence or even commenting upon it. After saying to the jury that he could not sum up the case fully he ...
... trial, at a time when felony trials could not be adjourned, the judge was so fatigued as to be incapable of properly summing up the evidence or even commenting upon it. After saying to the jury that he could not sum up the case fully he ...
Page 26
... trials for felony, 'for the better information of the consciences of the jury and justices.' To which he added, 'To say the truth, we never read in any act of Parliament, ancient author, book, case, or record that in criminal cases the ...
... trials for felony, 'for the better information of the consciences of the jury and justices.' To which he added, 'To say the truth, we never read in any act of Parliament, ancient author, book, case, or record that in criminal cases the ...
Page 27
The History and Origins of Adversary Trial John Hostettler. court, not to mention the ordeal of giving evidence, can ... trials for felony. Langbein has argued forcibly that in any event there was not a rule forbidding defence witnesses ...
The History and Origins of Adversary Trial John Hostettler. court, not to mention the ordeal of giving evidence, can ... trials for felony. Langbein has argued forcibly that in any event there was not a rule forbidding defence witnesses ...
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