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 11
... and the judge and members of the jury were actors in the trial joining in with questions and comments at will. In that sense, although not in its consequences for those convicted, a criminal trial was a freewheeling affair.
... and the judge and members of the jury were actors in the trial joining in with questions and comments at will. In that sense, although not in its consequences for those convicted, a criminal trial was a freewheeling affair.
Page 13
It gave prisoners on trial for treason the right to have counsel act for them in all respects, including addressing the jury on the facts as well as on questions of law. As Beattie says, 'It flowed from the Revolution of 1689 as a means ...
It gave prisoners on trial for treason the right to have counsel act for them in all respects, including addressing the jury on the facts as well as on questions of law. As Beattie says, 'It flowed from the Revolution of 1689 as a means ...
Page 16
Again the prisoner was charged with murder, and Garrow sat through the trial, asked only two questions and allowed the prosecution witnesses to lie and contradict each other. At the end of the case the jury found the prisoner 'guilty of ...
Again the prisoner was charged with murder, and Garrow sat through the trial, asked only two questions and allowed the prosecution witnesses to lie and contradict each other. At the end of the case the jury found the prisoner 'guilty of ...
Page 17
... by asking them to examine and report on the question of permitting prisoners to have counsel act for them fully.57 The commissioners quickly responded entirely favourably and their report assisted in securing the enactment of the ...
... by asking them to examine and report on the question of permitting prisoners to have counsel act for them fully.57 The commissioners quickly responded entirely favourably and their report assisted in securing the enactment of the ...
Page 18
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 why it was ...
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 why it was ...
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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
Bibliographic information
| Title | Fighting for Justice: The History and Origins of Adversary Trial |
| Author | John Hostettler |
| Publisher | Waterside Press, 2006 |
| ISBN | 1906534160, 9781906534165 |
| Length | 140 pages |
| Subjects | › Biography & Autobiography / Lawyers & Judges Law / Legal History |
| Export Citation | BiBTeX EndNote RefMan |