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
Page 35
... Parliamentary response to the misconduct of judges in state trials. According to the House of Commons report, 'their design was, to prevent those abuses in trials for treason ... by means of which, during the violence of late reigns ...
... Parliamentary response to the misconduct of judges in state trials. According to the House of Commons report, 'their design was, to prevent those abuses in trials for treason ... by means of which, during the violence of late reigns ...
Page 36
... Parliament that trials for political offence should not be grossly unfair, but they were comparatively indifferent as to the fate of people accused of sheep-stealing, or burglary or murder ... there must have been ... scores or hundreds ...
... Parliament that trials for political offence should not be grossly unfair, but they were comparatively indifferent as to the fate of people accused of sheep-stealing, or burglary or murder ... there must have been ... scores or hundreds ...
Page 37
... Parliament produced no legislation to enable counsel to appear for them. Instead, as we have seen, the importance of lawyers in the criminal courts had commenced in the 1730s when the rule forbidding counsel to the accused started to ...
... Parliament produced no legislation to enable counsel to appear for them. Instead, as we have seen, the importance of lawyers in the criminal courts had commenced in the 1730s when the rule forbidding counsel to the accused started to ...
Page 41
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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