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 11
... questions and comments at will. In that sense, although not in its consequences for those convicted, a criminal trial was a freewheeling affair. The only exception to the exclusion of defence counsel was on points of law,13 but these ...
... questions and comments at will. In that sense, although not in its consequences for those convicted, a criminal trial was a freewheeling affair. The only exception to the exclusion of defence counsel was on points of law,13 but these ...
Page 13
... questions of law. As Beattie says, 'It flowed from the Revolution of 1689 as a means of redressing a wrong the now‐dominant Whig political class had suffered in the previous decade–the use of charges of treason to Introduction 13.
... questions of law. As Beattie says, 'It flowed from the Revolution of 1689 as a means of redressing a wrong the now‐dominant Whig political class had suffered in the previous decade–the use of charges of treason to Introduction 13.
Page 16
... questions and allowed the prosecution witnesses to lie and contradict each other. At the end of the case the jury found the prisoner 'guilty of manslaughter but not of murder' and she was burnt in the hand and discharged.52N ...
... questions and allowed the prosecution witnesses to lie and contradict each other. At the end of the case the jury found the prisoner 'guilty of manslaughter but not of murder' and she was burnt in the hand and discharged.52N ...
Page 17
... question of permitting prisoners to have counsel act for them fully.57 The commissioners quickly responded entirely favourably and their report assisted in securing the enactment of the Prisoners' Counsel Act of 183658 which was a vital ...
... question of permitting prisoners to have counsel act for them fully.57 The commissioners quickly responded entirely favourably and their report assisted in securing the enactment of the Prisoners' Counsel Act of 183658 which was a vital ...
Page 18
... question and the dispute that exists around it requires further clarification and will be discussed in later chapters. In any event, it does not explain why it was adopted so widely and so quickly in some other countries. Adversary ...
... question and the dispute that exists around it requires further clarification and will be discussed in later chapters. In any event, it does not explain why it was adopted so widely and so quickly in some other countries. Adversary ...
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