CJUS 701 England cenario Country Analysis final.docx.pdf

Country Analysis

Introduction – England and Wales

Roughly the size of the State of Michigan, and about half the size of Spain, two of the

four countries that consist of the United Kingdom (England and Wales) sit northeast off the coast

of France, separated by the English Channel. Rich with history and culture, England has made

significant contributions to industry and technology to the world economy. The capital of the

United Kingdom is the city of London, which is home to almost nine million people and is

considered a world financial, cultural, and commercial center (Spencer, 1998).

Geographically, two zones divide England and Wales: the highlands and the lowlands.

majority of the people, 83 percent, living in large cities such as London, Manchester, Liverpool,

Birmingham, Leeds, Nottingham, and Southampton (Spencer, 1998).

Throughout the long history of England and Wales, people groups from around the world

have immigrated to the United Kingdom. Since 2017, most individuals who immigrate to the

United Kingdom have been from countries within the European Union (40.5 percent). The

largest ethnic group in the countries are white (87 percent), followed by black (3 percent), Indian

(2.3 percent), and several other ethnic groups.

Economy

During the height of the United Kingdom, the country possessed industrial and economic

authority (Terrill, 2015). After World War II, the country was slow to rebuild, and as a

consequence, the United Kingdom was no longer an economic powerhouse as it had been before

the war. Not to say that the economy of the United Kingdom does not have any worldly

Transnational issues and crimes related to criminal activity, such as human trafficking, drug

trafficking, money laundering, and weapons trafficking across national borders, and the

2018). In December 2021, two individuals from Russia and the other from Lithuania were

arrested and convicted of money laundering. These men could launder almost £70 million of

criminal money out of the United Kingdom using a sophisticated plan, which took investigators

nearly four years (National Crime Agency, 2021).

Relations with the United States

The relationship between the United States and the United Kingdom goes back several

hundred years. The alliance between the two countries began to take form during the Spanish-

American War through the two World Wars (U.S. Department of State, n.d.). What can be

described as a love/hate relationship, the United States and the United Kingdom transitioned

from enemies and into solid allies. In recent years, the two countries have continued their strong

relationship, an expression of the matching objectives and values of democracy. The two

monarchy, with the Head of State being the Monarch, or in the case of the United Kingdom, the

Head of State is Queen Elizabeth II. According to Terrill (2015), The United Kingdom

constitution is not like that of the United States, a set of legal and political beliefs. Instead, for

the United Kingdom, the constitution is based on the combination of precedent, tradition, and

first of its kind and gave rights to the upper class (Terrill, 2015), English Bill of Rights in 1688,

which included free speech during proceedings in Parliament and excessive bail (Terrill, 2015),

The Act of Settlement 1700, and several other acts help form the base of the English government.

Police. The United Kingdom does not have a national police agency; instead, England and Wales

police responsibilities consist of 41 provincial police districts, the City of London Police

Department, and the Metropolitan Police Department. Law enforcement officers are not armed as

their counterparts in the United States unless they are assigned to a specialized unit such as

dignitary protection or an armed response unit Law Library - American Law and Legal

Information - JRank Articles, n.d.). In the United Kingdom, the police do not distinguish

between national, local, or county police agencies (Law Library - American Law and Legal

Information - JRank Articles, n.d.). The police do not answer to a central governmental

statutory law (Terrill, 2015). The Home Office sets the direction the police will take as it relates

to the way police will address regional and national threats (Terrill, 2015).

Police Officers in London and Wales are servants to the monarchy instead of the towns or

districts they serve (Terrill, 2015). Police officers do have duties, as stated in the 1962 Report of

beginning stages of the judicial process, maintaining roadways and informing authorities in

localities of conditions, help those who need their help and handle emergencies of all types

(Terrill, 2015).

The police are responsible for investigating criminal offenses, and when there is enough

evidence to prosecute the offender, the case is sent to the Crown Prosecution Service (CPS). The

CPS does not have any investigative function but instead reviews cases sent from the police and

determines if the case should be tried (Law Library - American Law and Legal Information -

JRank Articles, n.d.).

Courts. The court system in the United States centers around the Constitution and the Bill of

Rights. Since the United Kingdom does not have a constitution, as stated above, the courts rely

2005. The Supreme Court primarily deals with criminal and civil appeals from the Court of

Appeals (Terrill, 2015).

Under the Supreme Court is the Court of Appeals and is the primary appellate court in

England and Wales and consists of a criminal and civil division (Terrill, 2015). Below the Court

for civil and criminal offenses (Terrill, 2015).

The Crown courts handle serious crimes, such as murder, rape, and robbery. The Crown

Court handles all cases recommended by the Magistrates Court, including appeal motions from

the lower court. The Crown Court usually has a jury that determines guilt or innocence and a

judge who decides the sentence of a convicted suspect. Three judges preside over criminal trials.

All criminal proceedings begin at the Magistrates Court, where they handle summary

offenses such as traffic cases, minor criminal damaging, and common assaults. The Magistrates

can also hear more severe offenses like burglary and drug offenses, which the courts consider

"either way" cases. Magistrate Court or the Crown Court have jurisdiction regarding "either

way" cases. Cases are either heard by a district judge or two or three judges, and no juries are at

this court level.

drive his rental car back to the hotel. While driving back to the hotel, Allen was driving on the

right side of the road, which in England, cars are supposed to be on the left side of the road.

Allen was only a minute or two from his hotel room when he observed red and blue lights

flashing behind him. Allen pulled over to the side of the road and put his car in park.

Arrest

At this point, there is a tap on the window, and Allen lowers the window and begins to speak

with a Metropolitan police officer. The officer identifies himself as Officer Hill, who asks Allen

for his name, driver’s license, insurance, and Ministry of Transportation (MOT) certificate. Allen

hands Officer Hill his Ohio Driver’s license and explains to Officer Hill that he is on vacation

with his friends. Officer Hill tells Allen that he stopped his vehicle under the suspicion Allen was

into custody by Officer Hill at this point.

Specific Law

At this point, Officer Hill explains he being placed under arrest for Drink Driving which

is a violation of Section 4 of the Road Traffic Act (1988), which states in subsection 1 “A person

alcohol limit in the United Kingdom is 35 micrograms per 100 milliliters of breath, which is

equivalent to a .08 BAC (Government Digital Service, 2014).

The Road Traffic Act (1988) section 6 and 6a, give police officers, who are in uniform,

the authority to require drivers to submit to all roadway tests, including a preliminary breath test.

Failing to do so will result in the driver being arrested and vehicle seized, which is subject to a

£200 release fee and an additional £20 per day it is stored (Department for Transport, n.d.).

The initial stop by Officer Hill was authorized by Rule 264 of the Highway Code, which

states drivers must remain in the left lane unless they are passing another vehicle (Department

for Transport, n.d.). According to Section 4 of the Road Traffic Act (1988), Officer Hill would

also be authorized to conduct a vehicle stop based on the erratic driving by Allen.

Service, 2015).

While in police custody, is explained that he has rights while he is being questioned by officers.

This is similar to the Miranda Warning, with a few significant differences. Allen has the right to be silent,

which is similar to the Miranda Warning, however, the English warning advises that remaining silent may

cause harm to Allen’s defense (Government Digital Service, 2015). The English warning also explains that

any statement given by Allen to the police may be used as evidence (Government Digital Service, 2015).

While Allen was on the station he was required to provide two breath samples for Officer Hill.

Officer Hill explains that according to the Road Traffic Act (1988), police officers have the authority to

obtain a sample for testing, and Officer Hill did not need Allen’s permission. With this information, Allen

complied and provided two samples resulting in alcohol levels being three times over the legal limit.

section 10 of the Road Traffic Act (1988), he is authorized to keep a person who is intoxicated in custody

until Allen’s alcohol level tests lower than the legal limit. Officer Hill explains the law takes into

consideration if Allen were to drive a vehicle upon release, he could be charged again with Section 4 of

the Road Traffic Act.

After a few hours of sleep, breakfast provided by the police, and a breath sample under the legal

limit, Allen was released from jail with an order to respond to the court at the given court date.