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 27
... murder trial and was not reprehended for it. Furthermore, by leave of the court, prisoners had sometimes been indulged the assistance of counsel to stand by them at the Bar, so long as they did not prompt them on matters of fact or ...
... murder trial and was not reprehended for it. Furthermore, by leave of the court, prisoners had sometimes been indulged the assistance of counsel to stand by them at the Bar, so long as they did not prompt them on matters of fact or ...
Page 29
... murders'.67 In the case of William Ireland, who was charged as being in the Popish Plot (1678‐81), the defendant made a similar complaint to that of Colledge about his inability to prepare a defence when imprisoned. In his case, he ...
... murders'.67 In the case of William Ireland, who was charged as being in the Popish Plot (1678‐81), the defendant made a similar complaint to that of Colledge about his inability to prepare a defence when imprisoned. In his case, he ...
Page 33
... murder the King, put the Catholic Duke of York on the throne and bring a French army into England. The resultant public panic enabled the judicial enemies of the Whigs to impeach, execute or send to the Tower a number of their leaders ...
... murder the King, put the Catholic Duke of York on the throne and bring a French army into England. The resultant public panic enabled the judicial enemies of the Whigs to impeach, execute or send to the Tower a number of their leaders ...
Page 36
... murder ... there must have been ... scores or hundreds of obscure people suffered for common burglaries and robberies of which they were quite as innocent as Stafford was of the high treason for which he was convicted.36 Langbein ...
... murder ... there must have been ... scores or hundreds of obscure people suffered for common burglaries and robberies of which they were quite as innocent as Stafford was of the high treason for which he was convicted.36 Langbein ...
Page 37
... murders. Also, it ignores the fact that the Whig grandees had been badly bruised by the judges' subservience to the ... murder case in 1741 prosecuting counsel, a Mr Vernon, confirmed the exercise of judicial discretion in sometimes ...
... murders. Also, it ignores the fact that the Whig grandees had been badly bruised by the judges' subservience to the ... murder case in 1741 prosecuting counsel, a Mr Vernon, confirmed the exercise of judicial discretion in sometimes ...
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