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
Yet from early in the thirteenth century until the eighteenth century, by law, following a landmark case in the reign ... prosecution witnesses whose credibility was enhanced by testimonial evidence.15 The rationale for this last rule ...
Yet from early in the thirteenth century until the eighteenth century, by law, following a landmark case in the reign ... prosecution witnesses whose credibility was enhanced by testimonial evidence.15 The rationale for this last rule ...
Page 12
This gave them a discretionary power and there is a good deal of evidence to show that they used it to acquit accused persons if the crime ... In many European countries, the rules of law and procedure were more precise than in England.
This gave them a discretionary power and there is a good deal of evidence to show that they used it to acquit accused persons if the crime ... In many European countries, the rules of law and procedure were more precise than in England.
Page 13
... should be able to give evidence on oath.31 However, Cromwell's law‐reforming zeal was stalled by his infrequent parliaments and nothing was done to implement these suggestions before the Restoration of Charles II put paid to them.
... should be able to give evidence on oath.31 However, Cromwell's law‐reforming zeal was stalled by his infrequent parliaments and nothing was done to implement these suggestions before the Restoration of Charles II put paid to them.
Page 14
These, together with Crown witnesses induced to turn King's evidence and testify against their co‐accused to save ... As Joseph Chitty wrote: The law confesses its weakness by calling in the assistance of those by whom it has been ...
These, together with Crown witnesses induced to turn King's evidence and testify against their co‐accused to save ... As Joseph Chitty wrote: The law confesses its weakness by calling in the assistance of those by whom it has been ...
Page 15
As will be seen, this was vital in securing adversary trial and also helped lead to the introduction of rules of evidence, such as the 'best evidence' rule, the rule against accomplices' evidence and the hearsay rule,44 all of which ...
As will be seen, this was vital in securing adversary trial and also helped lead to the introduction of rules of evidence, such as the 'best evidence' rule, the rule against accomplices' evidence and the hearsay rule,44 all of which ...
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Contents
| 9 | |
| 21 | |
the Birth of Adversary Trial | 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 |