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
Results 1-5 of 27
Page 9
... truth. In fact, his powers were so extensive that his authority had to be limited by evidentiary strictures under which, according to Stephan Landsman: he could convict a criminal defendant in only two circumstances: when two eye ...
... truth. In fact, his powers were so extensive that his authority had to be limited by evidentiary strictures under which, according to Stephan Landsman: he could convict a criminal defendant in only two circumstances: when two eye ...
Page 10
... truth or a 'game of bluff, suspense and surprise?'10 They prefer the continental inquisitorial system where, instead of a battle between parties to establish guilt or innocence, there is an attempt to establish the truth by a long ...
... truth or a 'game of bluff, suspense and surprise?'10 They prefer the continental inquisitorial system where, instead of a battle between parties to establish guilt or innocence, there is an attempt to establish the truth by a long ...
Page 21
... truth in person than through the medium of lawyers. In addition, the judge would act as his or her counsel. Prisoners and their witnesses were also not permitted to give evidence on oath since following the precedent set by trial by ...
... truth in person than through the medium of lawyers. In addition, the judge would act as his or her counsel. Prisoners and their witnesses were also not permitted to give evidence on oath since following the precedent set by trial by ...
Page 24
... truth of their evidence. As Beattie says, the idea of the judge as counsel for the prisoner, 'perfectly expresses the view that the defendant should not have counsel in the sense that we would mean.'26 A startling example of the flawed ...
... truth of their evidence. As Beattie says, the idea of the judge as counsel for the prisoner, 'perfectly expresses the view that the defendant should not have counsel in the sense that we would mean.'26 A startling example of the flawed ...
Page 25
... believed that, 'the very speech, gesture and countenance, and manner of defence of those who are guilty, when they speak for themselves, may often help to disclose the truth, which probably would not so No Counsel for Prisoners 25.
... believed that, 'the very speech, gesture and countenance, and manner of defence of those who are guilty, when they speak for themselves, may often help to disclose the truth, which probably would not so No Counsel for Prisoners 25.
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