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
... 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, the oppressive general rule forbidding counsel was ...
... 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, the oppressive general rule forbidding counsel was ...
Page 29
... Not surprisingly, Colledge was found guilty. He was hanged at Oxford Castle on 31 August 1681 where, after hanging for a quarter of an hour, he was cut down by hangman Jack Ketch and quartered under the gallows. As a consequence ...
... Not surprisingly, Colledge was found guilty. He was hanged at Oxford Castle on 31 August 1681 where, after hanging for a quarter of an hour, he was cut down by hangman Jack Ketch and quartered under the gallows. As a consequence ...
Page 33
... found guilty of indecency and perjury, had alleged a Jesuit plan to murder the King, put the Catholic Duke of York on the throne and bring a French army into England. The resultant public panic enabled the judicial enemies of the Whigs ...
... found guilty of indecency and perjury, had alleged a Jesuit plan to murder the King, put the Catholic Duke of York on the throne and bring a French army into England. The resultant public panic enabled the judicial enemies of the Whigs ...
Page 35
... is also true that the dominance of the judiciary by the later Stuarts had diminished the authority and prestige of the ... found guilty. What is important is that defence counsel had created a precedent by vigorously defending an alleged ...
... is also true that the dominance of the judiciary by the later Stuarts had diminished the authority and prestige of the ... found guilty. What is important is that defence counsel had created a precedent by vigorously defending an alleged ...
Page 38
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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