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 26
... evidence presented against them.39 In effect, they were presumed to be guilty and were often entirely overwhelmed by ... give evidence to the fact, nor in any case, unless matter of law doth arise.'43 Further, in the days of Coke and ...
... evidence presented against them.39 In effect, they were presumed to be guilty and were often entirely overwhelmed by ... give evidence to the fact, nor in any case, unless matter of law doth arise.'43 Further, in the days of Coke and ...
Page 27
... give evidence, 'against the Queen.'48 Of course, these were political cases and there were substantial differences between state trials and ordinary trials for felony. Langbein has argued forcibly that in any event there was not a rule ...
... give evidence, 'against the Queen.'48 Of course, these were political cases and there were substantial differences between state trials and ordinary trials for felony. Langbein has argued forcibly that in any event there was not a rule ...
Page 29
... give evidence against the monarch. They further restricted the rights of their witnesses in giving evidence by not allowing them to testify on oath as was the practice with prosecutors' witnesses. This, it has been suggested, was ...
... give evidence against the monarch. They further restricted the rights of their witnesses in giving evidence by not allowing them to testify on oath as was the practice with prosecutors' witnesses. This, it has been suggested, was ...
Page 35
... give evidence on oath. On 23 March 1696, two days before the Act came into force, the Lord Chief Justice, Sir John Holt, in effect adopted section 7 in the trial for high treason of Sir John Freind.30 The prisoner asked for a witness he ...
... give evidence on oath. On 23 March 1696, two days before the Act came into force, the Lord Chief Justice, Sir John Holt, in effect adopted section 7 in the trial for high treason of Sir John Freind.30 The prisoner asked for a witness he ...
Page 37
... giving the judges security of tenure. GROWTH OF ADVOCACY Little concerned with ... evidence as well as examine and cross‐examine witnesses. Adversariality ... give leave for counsel to examine and cross-examine witnesses; others have ...
... giving the judges security of tenure. GROWTH OF ADVOCACY Little concerned with ... evidence as well as examine and cross‐examine witnesses. Adversariality ... give leave for counsel to examine and cross-examine witnesses; others have ...
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