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A first-rate account of the jury - from its genesis to the present day - including post-Criminal Justice Act 2003. This book deals with all the great political and legal landmarks and shows how the jury developed - and survived to become a key democratic institution capable of resisting monarchs, governments and sometimes plain Law.Linking past and present, John Hostettler conveys the unique nature of the jury, and its central role in the administration of justice - but above all its importance as 'a thing of the people' and a barrier to manipulation and abuse of power.The Criminal Jury Old and New is a text that will be of interest to practitioners, collectors, students, researchers, libraries and colleges alike.
Adversary 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. Even now, there is a major dispute as to how and why adversary trial came into existence and little connection has been made with its contribution to the genesis of many rules of evidence and procedure and the modern-day doctrine of human rights - whereby citizens are able to take a stand against the power of the state or vested interests.John Hostettler is an eminent commentator on criminal justice and its History. In this book he focuses not only on the birth and meaning of adversary trial but also on the historic central role of the Lawyer and advocate Sir William Garrow. Hostettler assesses how deep-rooted is the notion of opposing parties in the common Law, the English psyche and thus within other countries such as the USA that have followed the same model - whereby Lawyers champion opposing causes.A main aim of the book is to provide an aid to understanding of present-day moves for reform in the direction of restorative methods by outlining the contribution that adversary trial has made to the development of common Law systems.
Every Lawyer knows of Woolmington v. Director of Public Prosecutions, the ruling which established the 'golden thread of English Law' whereby the burden of proof lies with the prosecutor in a criminal trial, even in the case of murder. But who was 'Woolmington' and how many people know that he escaped the death penalty at the eleventh hour, or that he was twice tried for murder? 'Lords give man back his life' as the Western Gazette put it. Likewise, in the civil Law, how and why did a Mrs. Donoghue come to be drinking a bottle of ginger beer containing the remnants of a snail, an event which would ultimately determine - at the highest level - that 'the categories of negligence are never closed'? And how did the tranquil market town of Wednesbury come to be legal shorthand for 'unreasonableness'. In Famous Cases: Nine Trials that Changed the Law the authors have painstakingly assembled the background to a selection of leading cases in English Law. From the Mareva case (synonymous with a type of injunction) to Lord Denning's classic ruling in the High Trees House case (the turning point for equitable estoppel) to that of the former Chilean head of state General Pinochet (in which the House of Lords heard the facts a second time) the authors offer a refreshing perspective to whet the appetite of every Law student, general reader or seasoned practitioner interested in how English Law evolves. The book has an authoritative introduction describing 'The Origins of the Common Law' and is enhanced by key extracts from the Law reports reproduced courtesy of the Incorporated Council of Law Reporting for England and Wales and the Butterworths Division of Reed Elsevier (UK) Ltd - making it not just an absorbing read but an important work of reference for every legal library and collection.
Traces the History of capital punishment in the United Kingdom from ancient times to periods of reform until hanging for murder was finally abolished by Parliament in 1969. This book describes the Parliamentary and public debates, and notes the stance taken by organizations and individuals.
The case of Ian Hay Gordon involves a miscarriage of justice brought about in circumstances of privilege, patronage and the social and religious divides existing in Northern Ireland in the decades following World War II.
An entertaining diversion for Lawyers and others, Twenty Famous Lawyers focuses on household names and high profile cases. Contains valuable insights into legal ways and means and looks at the challenges of advocacy, persuasion and the finest traditions of the Law.
For any of the five million people who saw the prime-time BBC series "e;Garrow's Law"e; this is an absorbing book. It is written by expert commentator John Hostettler who has studied Garrow extensively. The book uses the facts on which the programme was based to compare drama and reality.
Shows the historical importance of challenges to the state and powerful groups. Demonstrates how rights we take for granted have been acquired and set into Law over time thanks to the actions of committed men and women.
Civilising penal Law remains a topical issue but it began with Cesare Beccaria.
A comprehensive account of lawyer William Garrow's life, career, family and connections.
An account of the Lawyers who helped - over centuries - to develop and protect civil liberties, human rights and the Rule of Law. Also discusses breaches of the Rule of Law in modern cases and in response to terrorism.
A classic work and a collector's item which looks at the genesis and purposes of punishment. Shows how punishment, power differences, social control and (sometimes suspect) economics and politics have always been intertwined. A must for practitioners and students in this field.
Thomas Erskine (1750-1823) was one of the greatest advocates ever to appear in an English court of Law.As King's Counsel he was involved in many celebrated trials, including the prosecution of John Horne Took for seditious libel and of Queen Caroline for adultery. His other notable achievements include the successful defence of Thomas Paine's Rights of Man, which cost him the post of Attorney-General to the Prince of Wales.Erskine also served as Member of Parliament for Portsmouth and for just one year as Lord Chancellor. Latterly the First Baron Erskine, this book covers his controversial career and rise to high office.An ideal companion to Sir William Garrow (Waterside Press 2010).Reviews'Almost 200 years after Thomas Erskine's death most barristers and solicitor advocates still aspire to his legendary oratorical and forensic skills. Those who are not familiar with the man would be well advised to read this biography without delay': Law Society Gazette'This work is of more than historical interest. It shows how the advocate can affect the Law, and by doing so, the constitution': Counsel'Thomas Erskine was one of the bar's greatest names. Few however know this extraordinary story of the man who traced his way from poverty through the navy all the way to the bar and Parliament to the House of Lords and the Woolsack. John Hostettler's biography explores this astonishing man and his even more astonishing life': Litigation'With eloquent invective Erskine mesmerized juries': Justice of the PeaceAuthorJohn Hostettler is one of the UK's leading legal biographers. He was a practising solicitor in London for thirty-five years as well as undertaking political and civil liberties cases in Nigeria, Germany and Aden. His earlier books include several biographical and historical works and his books for Waterside Press include: * Sir William Garrow (2010); * The Criminal Jury Old and New; * Fighting for Justice -The History and Origins of Adversary Trial; * A History of Criminal Justice in England and Wales (2009); and * Hanging in the Balance - A History of the Abolition of Capital Punishment in Britain (with Dr Brian P. Block)
John Hostettler's brand new work is an ideal introduction. It charts all the main developments of criminal justice, from Anglo-Saxon dooms to the Common Law, struggles for political, legislative and judicial ascendency and the formation of the modern-day Criminal Justice System. Among a wealth of topics the book looks at the Rule of Law, the development of the criminal courts, police forces, jury, justices of the peace and individual crimes and punishments. It locates all the iconic events of criminal justice History and Law reform within a wider background and context - demonstrating a wealth and depth of knowledge. John Hostettler is well-known to readers of Waterside Press books. He is just at home discussing the Star Chamber or Seven Bishops as he is the impact of the executions of King Charles I, Derek Bentley or Ruth Ellis. From Victorian policing to madness and mayhem, hate crime and miscarriages of justice to radicals, terrorists, human rights or restorative justice, A History of Criminal Justice in England and Wales contains an enormous supply of facts, information, and ideas.
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