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Essay / An analysis of the differences between the British and American criminal justice systems
The criminal justice system is unique in each country, but both the United States and England are based on common law, so it would seem that they would have more in common than countries based on completely different systems. Yet they are both very different when it comes to how crimes are prosecuted in each country. Much of the United States legal system is based on the Constitution and, in particular, the Bill of Rights. England does not have a constitution, so it focuses on precedent and Acts of Parliament that have become law since 1215, when Magna Carta was signed by King John (The Robbins Collection). Say no to plagiarism. Get a tailor-made essay on “Why Violent Video Games Should Not Be Banned”? Get an original essay The handling of cases brought to court is also very different in each country. The United Kingdom does not use a grand jury. Instead, the Crown Prosecution Service (CPS) operates as the English version of the District Attorney's Office. The CPS takes its case to the trial court which is made up of three judges who determine whether there is enough evidence for the case to go to trial (McAlpine). There is also a big difference between the United States and England in who can bring criminal cases to court. In England, there is a common law principle which allows individuals to bring criminal proceedings. This has become unheard of in the United States as the state assumes responsibility for prosecuting the offender through the district attorney's office. However, the English system still allows an individual to bring a criminal charge against an alleged offender and bring him or her to justice because "the English regard the right of a private citizen to initiate criminal proceedings as an important backstop. constitutional security against abuse of prosecutorial discretion by officials” (Kaufman). This is an example of how the British and American legal systems originated from these principles but have drifted apart over the years due to several specific choices. They also each have distinct ways of pursuing a case. In the United States, they have district attorneys and public defenders who represent the prosecution and defense respectively. The British police handled most criminal proceedings themselves, even conducting the trials of offenders accused of the most serious crimes themselves, but this changed in 1879 when the office of the Director of Public Prosecutions was created. When they take control of a case, the private lawyers who make up the Treasury at the Inner London Crown Court, or Old Bailey, take charge and are paid from public funds. They are related to the director because he is the first to call on their services, but they are also authorized to do additional work. This council is the closest British equivalent to the United States District Attorneys (Kaufman). However, they generally only tackle very serious offenses, which is why the English police tend to work with the Crown Prosecution Service to decide whether or not to pursue charges. This decision is based on two factors: whether there is enough evidence to prove the case and whether it is in the public interest to take the case to court (Police.uk). England also does not rely on the same public defender program as the US; they have a small number of public defender offices.