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 28
... counsel to state the defence case to the jury, although it did not help him and he was found guilty and sentenced to death.59 But while these few cases illustrate that the whim and politics of the judge might occasionally have an effect ...
... counsel to state the defence case to the jury, although it did not help him and he was found guilty and sentenced to death.59 But while these few cases illustrate that the whim and politics of the judge might occasionally have an effect ...
Page 29
... defence if he cannot be at liberty to look after it himself, nor any of his friends permitted to do it for him.' 'You can say whether you are not guilty without papers,' retorted North,66 confirming, perhaps, that without counsel there ...
... defence if he cannot be at liberty to look after it himself, nor any of his friends permitted to do it for him.' 'You can say whether you are not guilty without papers,' retorted North,66 confirming, perhaps, that without counsel there ...
Page 30
... counsel to act for prisoners accused of treason. This then was the position before the eighteenth century when ... Defence Counsel and the English Criminal Trial in the Eighteenth and Nineteenth Centuries.'9(2) Law and History Review ...
... counsel to act for prisoners accused of treason. This then was the position before the eighteenth century when ... Defence Counsel and the English Criminal Trial in the Eighteenth and Nineteenth Centuries.'9(2) Law and History Review ...
Page 32
... counsel to appear for the defence in trials of felony, despite the fact that the growth of professional prosecutions was weighing such trials more heavily in favour of the prosecution. According to Langbein, the consequent unequal ...
... counsel to appear for the defence in trials of felony, despite the fact that the growth of professional prosecutions was weighing such trials more heavily in favour of the prosecution. According to Langbein, the consequent unequal ...
Page 34
... counsel for the defence into silence (their fees had been paid by Baxter's friend Sir Henry Ashhurst). Then he described Baxter, who had been a royal chaplain, as a 'sniveling Presbyterian' and when Baxter tried to speak he shouted ...
... counsel for the defence into silence (their fees had been paid by Baxter's friend Sir Henry Ashhurst). Then he described Baxter, who had been a royal chaplain, as a 'sniveling Presbyterian' and when Baxter tried to speak he shouted ...
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