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 21
... law indictments for felony have always been taken in the name of the monarch ... rule and held that a prisoner could better express the truth in person than ... evidence on oath which, of course, greatly strengthened their credibility ...
... law indictments for felony have always been taken in the name of the monarch ... rule and held that a prisoner could better express the truth in person than ... evidence on oath which, of course, greatly strengthened their credibility ...
Page 22
... law, and then only at the direction of the court.8 As for the reason, in the ... rule, every prisoner brought to trial for treason, murder, arson, rape, robbery ... evidence adduced against him,' and he calls this style of proceeding the ...
... law, and then only at the direction of the court.8 As for the reason, in the ... rule, every prisoner brought to trial for treason, murder, arson, rape, robbery ... evidence adduced against him,' and he calls this style of proceeding the ...
Page 23
... evidence. At the time of the lustre and vibrant spirit of the Elizabethan Age, when Sir Edward Coke (1552‐1634) was exercising an extraordinary influence on English common law, most crimes remained felonies and continued to attract the ...
... evidence. At the time of the lustre and vibrant spirit of the Elizabethan Age, when Sir Edward Coke (1552‐1634) was exercising an extraordinary influence on English common law, most crimes remained felonies and continued to attract the ...
Page 24
... law or the procedures of the court. Moreover, as is clear and as Blackstone pointed out, the entitlement of the defendant to have the judge act as their counsel was limited to questions of law ... evidence. As Beattie says, the idea of the ...
... law or the procedures of the court. Moreover, as is clear and as Blackstone pointed out, the entitlement of the defendant to have the judge act as their counsel was limited to questions of law ... evidence. As Beattie says, the idea of the ...
Page 25
... evidence; till the unfortunate prisoner, browbeaten by the judge and the ... rule might well have brought about hasty verdicts as voiced in Alexander ... rule was very unreasonable, Hawkins believed that, 'the very speech, gesture and ...
... evidence; till the unfortunate prisoner, browbeaten by the judge and the ... rule might well have brought about hasty verdicts as voiced in Alexander ... rule was very unreasonable, Hawkins believed that, 'the very speech, gesture and ...
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