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 26
... rule. Such views were hardly likely to be shared by illiterate wretches in ... evidence presented against them.39 In effect, they were presumed to be ... law doth arise.'43 Further, in the days of Coke and Hale the defence laboured under ...
... rule. Such views were hardly likely to be shared by illiterate wretches in ... evidence presented against them.39 In effect, they were presumed to be ... law doth arise.'43 Further, in the days of Coke and Hale the defence laboured under ...
Page 27
... evidence, 'against the Queen.'48 Of course, these were political cases and there were substantial differences between state trials and ordinary trials for felony. Langbein has argued forcibly that in any event there was not a rule ...
... evidence, 'against the Queen.'48 Of course, these were political cases and there were substantial differences between state trials and ordinary trials for felony. Langbein has argued forcibly that in any event there was not a rule ...
Page 29
... rules, some of which had originated in the period when there was little criminal law and no lawyers. When lawyers ... evidence against the monarch. They further restricted the rights of their witnesses in giving evidence by not allowing ...
... rules, some of which had originated in the period when there was little criminal law and no lawyers. When lawyers ... evidence against the monarch. They further restricted the rights of their witnesses in giving evidence by not allowing ...
Page 32
... rules of evidence, eventually resulted in the capture of the courtroom by the lawyers—a sequel unlikely to have been foreseen, or approved, by the judges. In this process, and the growth of criminal advocacy, Sir William Garrow was ...
... rules of evidence, eventually resulted in the capture of the courtroom by the lawyers—a sequel unlikely to have been foreseen, or approved, by the judges. In this process, and the growth of criminal advocacy, Sir William Garrow was ...
Page 33
... law'4 and the judges of ... evidence, and executed for what many believed was merely dissent.15 As Sir John Rawles, afterwards Solicitor‐General in the reign of William III, remarked of the judges in the case, 'the summing up of the evidence ...
... law'4 and the judges of ... evidence, and executed for what many believed was merely dissent.15 As Sir John Rawles, afterwards Solicitor‐General in the reign of William III, remarked of the judges in the case, 'the summing up of the evidence ...
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