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 9
It emerged in early eighteenth century England as the right of prisoners to engage counsel to assist in their defence in felony trials. Once established it quickly spread to countries where the common law had been introduced—usually ...
It emerged in early eighteenth century England as the right of prisoners to engage counsel to assist in their defence in felony trials. Once established it quickly spread to countries where the common law had been introduced—usually ...
Page 10
6 Nor, he might have added, of ingenious judges or practising lawyers. Nevertheless, in summing up the advantage of the process Sydney Smith aptly said, ... Defence counsel and juries play a far less prominent role than in the common ...
6 Nor, he might have added, of ingenious judges or practising lawyers. Nevertheless, in summing up the advantage of the process Sydney Smith aptly said, ... Defence counsel and juries play a far less prominent role than in the common ...
Page 11
The only exception to the exclusion of defence counsel was on points of law,13 but these were rare and although they could be raised by the judge, a juror or even the prisoner, they had to be certified as such by the judge before they ...
The only exception to the exclusion of defence counsel was on points of law,13 but these were rare and although they could be raised by the judge, a juror or even the prisoner, they had to be certified as such by the judge before they ...
Page 13
... chaired by Sir Matthew Hale,30 that prisoners should have counsel to act for them fully in all cases where the prosecution was represented and that defence witnesses should be able to give evidence on oath.31 However, ...
... chaired by Sir Matthew Hale,30 that prisoners should have counsel to act for them fully in all cases where the prosecution was represented and that defence witnesses should be able to give evidence on oath.31 However, ...
Page 15
What they did not envisage was that in spite of this limitation the lawyers would capture the courtroom and reduce the ... He says, It seems certain ... that it was the insistent questioning by defense counsel that raised as matters of ...
What they did not envisage was that in spite of this limitation the lawyers would capture the courtroom and reduce the ... He says, It seems certain ... that it was the insistent questioning by defense counsel that raised as matters of ...
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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 |