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 21
... prosecution, in the name of the monarch, could call upon witnesses to give evidence on oath which, of course, greatly strengthened their credibility and the impact of their evidence. This severely prejudiced defendants when the judges ...
... prosecution, in the name of the monarch, could call upon witnesses to give evidence on oath which, of course, greatly strengthened their credibility and the impact of their evidence. This severely prejudiced defendants when the judges ...
Page 23
... prosecution. What the judges of a different disposition from that of Scroggs could do in those days was to ensure ... witnesses, saying, 'I presume no man among you can doubt but the witnesses No Counsel for Prisoners 23.
... prosecution. What the judges of a different disposition from that of Scroggs could do in those days was to ensure ... witnesses, saying, 'I presume no man among you can doubt but the witnesses No Counsel for Prisoners 23.
Page 26
... witnesses following Tyndal's Case in 1632 (where a number of witnesses were called for the defence), although even ... prosecution could compel the attendance of its witnesses the prisoner could not.44 How often a potential witness would ...
... witnesses following Tyndal's Case in 1632 (where a number of witnesses were called for the defence), although even ... prosecution could compel the attendance of its witnesses the prisoner could not.44 How often a potential witness would ...
Page 27
... witnesses but it has recently been argued that the system forbade a conflict ... witness, John Fitzwilliam, was peremptorily removed from the courtroom ... prosecution case but not Lilburne's defence, told the jury, 'I hope the Jury ...
... witnesses but it has recently been argued that the system forbade a conflict ... witness, John Fitzwilliam, was peremptorily removed from the courtroom ... prosecution case but not Lilburne's defence, told the jury, 'I hope the Jury ...
Page 32
... prosecution. According to Langbein, the consequent unequal contest resulted in the judges gradually permitting counsel to appear for defendants and examine and cross‐examine witnesses,2 although still not address the jury. This ignores ...
... prosecution. According to Langbein, the consequent unequal contest resulted in the judges gradually permitting counsel to appear for defendants and examine and cross‐examine witnesses,2 although still not address the jury. This ignores ...
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