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
Results 11-15 of 81
Page 18
... prisoner in the dock charged with felony and weighed down by rules that, unless the jury showed mercy or he had 'clergy', meant his life was in serious danger, the change to adversary trial was a momentous transformation. The prime ...
... prisoner in the dock charged with felony and weighed down by rules that, unless the jury showed mercy or he had 'clergy', meant his life was in serious danger, the change to adversary trial was a momentous transformation. The prime ...
Page 21
... prisoner could better express the truth in person than through the medium of lawyers. In addition, the judge would act as his or her counsel. Prisoners and their witnesses were also not permitted to give evidence on oath since following ...
... prisoner could better express the truth in person than through the medium of lawyers. In addition, the judge would act as his or her counsel. Prisoners and their witnesses were also not permitted to give evidence on oath since following ...
Page 22
... 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 court.8 As for the reason, in the leading case the court told the ...
... 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 court.8 As for the reason, in the leading case the court told the ...
Page 23
... prisoner.20 How a lawyer so experienced in the practice of the courts could pronounce these beliefs is hard today to ... prisoners really needed, nor were they always what they got. In a curious example of his understanding of that role ...
... prisoner.20 How a lawyer so experienced in the practice of the courts could pronounce these beliefs is hard today to ... prisoners really needed, nor were they always what they got. In a curious example of his understanding of that role ...
Page 24
... prisoners and witnesses if they doubted the truth of their evidence. As Beattie says, the idea of the judge as counsel for the prisoner, 'perfectly expresses the view that the defendant should not have counsel in the sense that we would ...
... prisoners and witnesses if they doubted the truth of their evidence. As Beattie says, the idea of the judge as counsel for the prisoner, 'perfectly expresses the view that the defendant should not have counsel in the sense that we would ...
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