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 13
... indictment against him or her, or have access to the depositions of the prosecution witnesses.28 With these difficulties added to the denial of counsel it is not surprising that criminal trials in England at the time have been described ...
... indictment against him or her, or have access to the depositions of the prosecution witnesses.28 With these difficulties added to the denial of counsel it is not surprising that criminal trials in England at the time have been described ...
Page 21
... indictments for felony have always been taken in the name of the monarch and, in early times, it was considered lèse majesté for those indicted to be allowed counsel against the King or Queen.1 Later, jurists such as Coke and Hawkins ...
... indictments for felony have always been taken in the name of the monarch and, in early times, it was considered lèse majesté for those indicted to be allowed counsel against the King or Queen.1 Later, jurists such as Coke and Hawkins ...
Page 22
... 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 court.8 As for the reason, in the leading case the court told the prisoner that he ...
... 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 court.8 As for the reason, in the leading case the court told the prisoner that he ...
Page 31
... p. 30. 71 J.S. Cockburn. (1985) Introduction to Calendar of Assize Records: Home Circuit Indictments Elizabeth 1 and James I. London, HMSO. pp. 113-4. CHAPTER 3 Treason Trials Act: the Birth of Adversary Trial No Counsel for Prisoners 31.
... p. 30. 71 J.S. Cockburn. (1985) Introduction to Calendar of Assize Records: Home Circuit Indictments Elizabeth 1 and James I. London, HMSO. pp. 113-4. CHAPTER 3 Treason Trials Act: the Birth of Adversary Trial No Counsel for Prisoners 31.
Page 35
... indictment against him or her at least five days before the trial, to have the assistance of counsel before the trial and to have counsel act in 'full defence', including address the jury during the trial. For the first time the statute ...
... indictment against him or her at least five days before the trial, to have the assistance of counsel before the trial and to have counsel act in 'full defence', including address the jury during the trial. For the first time the statute ...
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