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 14
... counsel to prosecute—were not applicable to felony trials and that similar legislation for such trials was not ... prosecuting counsel and to spread the cost of investigating crime and paying legal fees. At the same time the government ...
... counsel to prosecute—were not applicable to felony trials and that similar legislation for such trials was not ... prosecuting counsel and to spread the cost of investigating crime and paying legal fees. At the same time the government ...
Page 16
... prosecuting counsel, and the judge, and the jury, with the eyes of an eagle, and never once uttered a word from the beginning to the end of the proceeding.'51 He acted in a similar manner in a trial at the Old Bailey in 1786. Again the ...
... prosecuting counsel, and the judge, and the jury, with the eyes of an eagle, and never once uttered a word from the beginning to the end of the proceeding.'51 He acted in a similar manner in a trial at the Old Bailey in 1786. Again the ...
Page 24
... counsel was limited to questions of law. As he put it, 'the judge shall be counsel for the prisoner; that is, shall ... prosecuting counsel. After more than 14 hours of trial, when he came to address the jury, the judge, the recorder of ...
... counsel was limited to questions of law. As he put it, 'the judge shall be counsel for the prisoner; that is, shall ... prosecuting counsel. After more than 14 hours of trial, when he came to address the jury, the judge, the recorder of ...
Page 28
... counsel was consistently used over centuries, as contemporaries testify. THE. PROTESTANT. JOINER. For instance, when Stephen Colledge was prosecuted for treason in 1681,60 Lord Chief Justice North refused him counsel and kept from him all ...
... counsel was consistently used over centuries, as contemporaries testify. THE. PROTESTANT. JOINER. For instance, when Stephen Colledge was prosecuted for treason in 1681,60 Lord Chief Justice North refused him counsel and kept from him all ...
Page 37
... counsel for the prosecution and counsel for the defence. In a murder case in 1741 prosecuting counsel, a Mr Vernon, confirmed the exercise of judicial discretion in sometimes allowing counsel to the defence and was upheld by the ...
... counsel for the prosecution and counsel for the defence. In a murder case in 1741 prosecuting counsel, a Mr Vernon, confirmed the exercise of judicial discretion in sometimes allowing counsel to the defence and was upheld by the ...
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