William Garrow

William Garrow

Sir William Garrow (13 April 1760-1840) was an English lawyer born in Middlesex, England. He was admitted by Lincoln's Inn on 27 November 1778 and was called to the Bar on the same date five years later. He made his name at the Old Bailey, where he raised cross-examination to an art and won numerous cases for which he became justly celebrated. Later he became in turn a Member of Parliament [MP for Callington, elected 1806.] , the Solicitor General, Attorney General and finally a judge. He became a barrister at a time when counsel rarely appeared for prisoners and, when they did, they were not allowed to address the jury. Bounty hunters were common and would often accuse innocent people of crimes in order to obtain "blood money" that was paid by the government for successful prosecutions. Garrow, by means of powerful cross-examination of such prosecution witnesses, generally persuaded juries to acquit his clients, helping establish adversary trial whereby the lawyers took over the courtroom.

The adversarial system as it operates in England, the United States and other common law countries contrasts with the inquisitorial system elsewhere. It contributed the rules of evidence designed to help prisoners and the modern doctrine of human rights whereby citizens are able to take a stand against the power of the state and vested interests. Garrow played a historic role in bringing birth and meaning to adversary trial which pre-dated the American and French Revolutions and is today expanding and replacing autocratic systems in various parts of the world. He died at Pegwell Cottage near Ramsgate in Kent on 24 September 1840 at age 80.

References

* John Hostettler. "Fighting for Justice: The History and Origins of Adversary Trial". Winchester, Waterside Press.


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