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 16
... prosecuting counsel, and the judge, and the jury, with the eyes of an eagle, and never once uttered a word from the ... prosecution witnesses to lie and contradict each other. At the end of the case the jury found the prisoner 'guilty of ...
... prosecuting counsel, and the judge, and the jury, with the eyes of an eagle, and never once uttered a word from the ... prosecution witnesses to lie and contradict each other. At the end of the case the jury found the prisoner 'guilty of ...
Page 17
... prosecution and for the defence were appearing quite regularly in criminal trials and the refusal to allow counsel to address the jury was more commonly seen as the anomaly it was. Early in the century various efforts were made to ...
... prosecution and for the defence were appearing quite regularly in criminal trials and the refusal to allow counsel to address the jury was more commonly seen as the anomaly it was. Early in the century various efforts were made to ...
Page 18
... prosecutors. Nevertheless, this view of the role of the judges is open to serious question and the dispute that exists around it requires further clarification and will be discussed in later chapters. In any event, it does not explain ...
... prosecutors. Nevertheless, this view of the role of the judges is open to serious question and the dispute that exists around it requires further clarification and will be discussed in later chapters. In any event, it does not explain ...
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 that a trial was conducted in a seemly manner. Baker has shown that in an Old Bailey case in 1616, 'although there are no ...
... prosecution. What the judges of a different disposition from that of Scroggs could do in those days was to ensure that a trial was conducted in a seemly manner. Baker has shown that in an Old Bailey case in 1616, 'although there are no ...
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