NCJ Number
100017
Journal
Arizona Law Review Volume: 26 Issue: 3 Dated: (1984) Pages: 507-614
Date Published
1984
Length
108 pages
Annotation
This comparative analysis surveys the English criminal justice system and discusses the relative advantages of both the English and U.S. systems with respect to police powers, trial procedures, and courtroom styles.
Abstract
Following a review of organizational aspects, English police powers are examined in the areas of search and seizure, interrogation, and detention of defendants and suspects. The pretrial review of charges is then discussed, together with the division of responsibility among police, the Director of Public Prosecutions, and the private barrister. The role of the Magistrates' and Crown Courts also is discussed, as is the use of the summary disposition and summary jury trials as mechanisms to lighten court caseloads. Also reviewed are inducements to disposition via a guilty plea. Finally, the English courtroom style is examined with emphasis on its nonadversarial nature and the strong role of the judge. Recent legislative changes in police powers and the courts (including the abolishment of the superior court system and the preliminary hearing) are discussed. Comparisons with the U.S. focus on differences in the rights of suspects and defendants, the bureaucratic nature of the English system, and the styles of advocacy and judicial behavior. 451 footnotes.