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
... evidence on oath, which placed them at a lower level than prosecution witnesses whose credibility was enhanced by testimonial evidence.15 The rationale for this last rule will be examined in the next chapter but it is already clear that ...
... evidence on oath, which placed them at a lower level than prosecution witnesses whose credibility was enhanced by testimonial evidence.15 The rationale for this last rule will be examined in the next chapter but it is already clear that ...
Page 12
... evidence to show that they used it to acquit accused persons if the crime ... rules of law and procedure were more precise than in England. Western Europe ... evidence.26. DEFENCE. IMPEDIMENTS. Under the Tudors, the Marian bail and committal ...
... evidence to show that they used it to acquit accused persons if the crime ... rules of law and procedure were more precise than in England. Western Europe ... evidence.26. DEFENCE. IMPEDIMENTS. Under the Tudors, the Marian bail and committal ...
Page 13
... evidence on oath.31 However, Cromwell's law‐reforming zeal was stalled by his infrequent parliaments and nothing was ... RULE. The Whig politicians and grandees, in power after the Glorious Revolution and in the process of creating a new ...
... evidence on oath.31 However, Cromwell's law‐reforming zeal was stalled by his infrequent parliaments and nothing was ... RULE. The Whig politicians and grandees, in power after the Glorious Revolution and in the process of creating a new ...
Page 14
... evidence and testify against their co‐accused to save their own necks, were increasingly creating more perjury which could injure innocent defendants who were threatened with the death penalty even for trivial offences. Accomplice evidence ...
... evidence and testify against their co‐accused to save their own necks, were increasingly creating more perjury which could injure innocent defendants who were threatened with the death penalty even for trivial offences. Accomplice evidence ...
Page 15
... rules of evidence, such as the 'best evidence' rule, the rule against accomplices' evidence and the hearsay rule,44 all of which suited the purposes of defence counsel. Indeed, although Langbein argues that the judges introduced these ...
... rules of evidence, such as the 'best evidence' rule, the rule against accomplices' evidence and the hearsay rule,44 all of which suited the purposes of defence counsel. Indeed, although Langbein argues that the judges introduced these ...
Contents
9 | |
21 | |
the Birth of Adversary Trial | 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