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Penal Code in the United States and America

Comparative Criminal Justice

Tim Lewis

Vachia Lubin

Date: August 15, 2021

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England

Scenario

The country of my choice is England. When visiting London, I witnessed a middle-aged

man forcefully touching a woman's clothing. The police instantly arrived and arrested the suspect

for the violent Crime.

Part 1: Demographics, Social, Political and Economic Factors of England

In 2018, England's population was above fifty million people. This population was the

highest and was prompted by a reduction in immortality rates and an increasing number of

immigrants moving into the country (National Statistics, n.d). From the census report, around 90

percent of the England population is English nationals (National Statistics, n.d). The number of the

aged population in the country is rising and is expected to continue growing. The country is

composed of people from different races across the globe. Socially, England is facing the challenge

of pollution due to industrial and automobile emissions to the atmosphere. Poverty is another

challenge because of the increasing number of immigrants moving into the country. Additionally,

racism is still pervasive in the country. Lastly, England battles unemployment and poor housing

conditions for some of its populations.

Politically, England is governed by the rule of law. Everyone in the country is subject to the

law regardless of social, political, or economic status. The country runs on a parliamentary system

where the Prime Minister is the head of government. The parliament presents the grievances of

people from different parts. There is freedom of expression, speech, personal determination, and

religious freedom. Election for members to the House of Commons is done after every five years,

and the winning political party leader forms the government. There are many political parties in the

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country, and any person aged eighteen years and above is allowed to participate in the election

process. Economically, the country boasts of an overwhelming economy of 2.8 trillion dollars. The

service industries like finance and tourism are becoming the backbone of the economy.

2. How the Police would view the Crime

English police would view the Crime as a sexual assault. According to the Sexual Offences

Act of 2003 on non-consensual offenses under section 3, touching happens when one person

touches another without consent using any part of the body (Rape and sexual offenses, 2021). In

the Court of Appeal ruling in 2005 in the case R v H, the court established that touching one's

clothing without consent is merited as a sexual assault offense (Rape and sexual offenses, 2021).

The evidence explains why the police will consider the act a sexual assault crime.

3. Comparing US and England individual rights during arrests

Americans are entitled to search and seizure right in addition to the right to counseling the

Criminal Justice System. In the US, the police need to respect Americans' privacy and look for a

search warrant before conducting any search on a criminal suspect except under predetermined

circumstances. In England, the search and seizure rights apply differently. Unlike in the US, where

police get search warrants from the court, in England, search warrants are given by the senior

police in the station (GOV.UK, 2017). Furthermore, English police have the right to stop and

search individuals provided they have reasons to believe that they are carrying illegal weapons,

drugs, stolen property, or any item that could lead to committing the Crime (GOV.UK, 2017). In

the US, defendants have the right to seek lawyers. Also, in England, defendants have the right to

seek from lawyers when preparing for a legal trial or during the legal trial process.

4. How the Police will likely treat the Defendant in England

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In the first encounter, the police need to identify themselves with the defendant. According

to English law, police officers must reveal their identities before arrest. Secondly, the police will

explain to the suspect his crimes (GOK.UK, 2015). In this case, the defendant needs to know that

his arrest is due to forcefully touching a woman’s clothing. After explaining the arrest reasons, the

police will take the defendant to custody and investigate further. The police will allow the

defendant to seek a lawyer(s) to assist in the trials as the English laws provide (GOK.UK, 2015).

Further, the police will question the defendant as stated in the law. However, before questioning

the defendant, the police will explain that he has the right to remain silent or respond to the

questions.

5. Comparing and Contrasting Police Culture in US and England

One of the similarities between the police cultures in the two countries is that the police

have to identify themselves with the suspect and explain the Crime committed before any arrest. In

both policing cultures, the police need to explain to the defendants their rights before arrests.

During questions to find the truth, the police in both countries are mandated to let the defendants

know their right to remain silent or respond to questions (GOK.UK, 2015). No police officer is

required to force the defendant to provide information during the investigation process (GOK.UK,

2015). Regarding difference, the police in the USA are required to obtain a search warrant from the

courts before making any arrest except under stated circumstances. In England, police do not have

to get a search warrant if they have reasons to believe that one has committed or is committing a

crime. Moreover, they obtain search warrants from senior police instead of the court.

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References

GOV.UK. (2015, January 27). Being arrested: Your rights. GOV.UK.

https://www.gov.uk/arrested-your-rights

GOV.UK. (2017, February 23). Police powers to stop and search: Your rights. GOV.UK.

https://www.gov.uk/police-powers-to-stop-and-search-your-rights

Population estimates. Population estimates - Office for National Statistics. (n.d.).

https://www.ons.gov.uk/peoplepopulationandcommunity/populationandmigration/

populationestimates

Rape and sexual offenses - chapter 7: Key legislation and offences. Rape and Sexual Offences -

Chapter 7: Key Legislation and Offences | The Crown Prosecution Service. (2021, May

21). https://www.cps.gov.uk/legal-guidance/rape-and-sexual-offences-chapter-7-key-

legislation-and-offences