RUNNING HEAD: ENGLAND AN ANALYSIS 1
England an Analysis
Elliott J. Clemente
School of Criminal Justice, Liberty University
Author Note
I have no known conflict of interest to disclose.
Correspondence concerning this article should be addressed to
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Abstract
England is a small island nation surrounded by the Atlantic Ocean and two seas (North and Celtic
seas). Geographically situated South of Scotland, East of Ireland, North of France, and West of the
Netherland. England, and France, are separated by the English Channel. France is the closes
geographically located alley.
England has gone several official name variations since the 18th century as they integrated
several of their European neighbors [Scotland and Northern Ireland], creating a globally
recognized coalition as the United Kingdom of Great Britain and Northern Ireland. The United
Kingdom today is a multicultural and multiethnic metropolis. The estimated population of the
United Kingdom is about 67.89 million people. England's capital and the center of Europe, the
United Kingdom, is London.
Throughout England's history, it was considered an industrialized country. Its cities were littered
with factories producing various goods like but not limited to heavy machinery, agriculture,
fishing, shipbuilding, and oil. The English contribution to the world experience was in arts,
philosophy, literature, and science. However, many believe that England made its most
significant contribution was in government and the legal profession. Terrill et al. (2016), their
most important and striking contribution to the historical evolution of civilization has been
creating common Law and the development of parliamentary democracy (p.18).
Keywords: Common Law, English Parliament, Human Trafficking, Organ Trafficking
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Britain has had groups of people living on its isles for eons. Many periods in its history
have seen groups of people transiting to and from the isles. The early populous were primarily
hunter-gathers following the seasonal prey throughout the land, which followed the Last Glacial
Period (LGP). As people moved away from a nomadic lifestyle, they established organized
societies, requiring rules and control mechanisms instituted.
In 1707, the Act of Union, a legal document passed by the Scottish paramount in 1706
British parliament in 1707, united Britain and Wales, incorporating Scotland leading Great to the
creations of the United Kingdom of Great Britain. In 1922 United Kingdom of Great Britain
incorporated the free states of Ireland and again changed their name, this time to the United
Kingdom of Great Britain and Northern Ireland.
As previously stated, England is a small country with 58,350 square miles, including
Wales, which is the approximate size of a state like Michigan in the United States. The country has
an estimated population of fifty-seven million. Like most industrialized countries throughout
Europe, a sizable portion of its resident's cities live near their place of employment.
At one time, England was a global leader in the manufacturing of heavy machinery. Its
agriculture and oil industries are vital to the British economy. Other essential parts of the British
economy include financial trading and investing markets, vital to the global markets. Now the
people relocate to the cities for other sources of employment in nontraditional areas like tourism.
Terrill et al. (2016) the English have made significant contributions in science, literature,
and the arts, but their most crucial striking contribution to the historical evolution.
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Historically the English people would leave the countryside to find stable work in the
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factories. Now the people relocate to the cities for other sources of employment in
nontraditional areas like tourism. Traditional employment sectors in England have been in
decline for some time. Jobs in the factories and shipbuilding yards jobs that have been the
mainstay in the English economy have gone away with automation for centuries. England's
primary industries are tourism, banking, finance, oil and gas, transportation, and steel, the
growing aerospace sector.
London has always been the center of employment for the English people. Today's generation
is no exception as the tourism industry is the leading employer for many. Over two million
tourists file into the city to enjoy the many historical sites like Buckingham Place, London
Tower, and Big Ben. Walking through the streets that many historical figures have walked
through has a magical appeal for many.
London is also the center of the European financial world. Billions of pounds travel through
their banks and trading center. Outside of New York's Wall Street, the most effective banking
system outside the continental United States. With all its affluence and resources, London is a
primary target for various crimes, including white-collar crime, domestic terrorism, ecoterrorism,
assaults, racially motivated crimes, violent sexual assaults, and larceny, to name a few. The United
States and England are mirror images of each other. Many of the social ills that affect. How their
criminal Justice system addresses those issues is where England also affects the United States they
differ.
Economy
The United Kingdom has the sixth or seventh largest economy globally, with a Gross
Domestic Product (GDP) for 2020 was 2.98 trillion pounds sterling. The British pound is the
oldest coinage in continuous use in the world. The United Kingdom's economy comprises ten
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significant sectors: professional services, information, STEM, Health, Finance, education,
Education, Retail, Administration, and Energy. The global economy has replaced a sizable
portion of traditional employment sectors in England. Employment in the factories and
shipbuilding yards have been the mainstay in the English economy for centuries.
London has always been the epic center of employment for the English people for
centuries. Today's generation is no exception as the tourism industry is the leading employer for
many. Over two million tourists file into the city to enjoy the many historical sites like
Buckingham Place, London Tower, and Big Ben. Walking through the streets that many
historical figures have walked through has a magical appeal for many.
London and its associated financial institutions are the centers of the European financial
world. It placed the second leading financial district in the global only behind Wall Street in New
York. Banks and trading centers. Outside of New York's Wall Street, the most effective banking
system outside the continental United States. With all its affluence and resources, London is a
primary target for various crimes, including white-collar crime, domestic terrorism, ecoterrorism,
assaults, racially motivated crimes, violent sexual assaults, and larceny, to name a few. The
United States and England are mirror images of each other. Many of the social ills that affect.
How their criminal Justice system addresses those issues is where England also affects the
United States they differ.
Transnational Issues
As the globe becomes more accessible to the average individual, so do the crimes that
follow with the advent of the internet. Technological savvy criminals and criminal organizations
have taken advantage of the ubiquity of the world wide web to commit new forms of crime and old
ones. The most prevalent crimes conducted via the internet are cyber, prostitution, white slavery,
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and fraud. One crime that has continued and has grown exponentially with the internet is Organ
Trafficking or Organ Harvesting by Transnational Organized Crimes syndicates. These groups and
their criminal conduct affect law enforcement in both the United Kingdom and The United States.
In 2021, Alnour, Sharma, Halawa, and Alalawi concluded that:
organ trafficking is the recruitment, transport, transfer, harboring, or receipt of a living or deceased
persons or their organs using the threat, force, or other forms of coercion of abduction, or fraud, or
deception, of the abuse of power or a position of vulnerability or the giving to or the receiving by, a
third party of payments or benefits to accomplishing the transmission of control over the potential
donor, for exploitation by the removal of organs for transplantation (p. 2).
Transnational Crimes, by their nature, are complicated for law enforcement to apprehend,
prosecute, and convict. One of the difficulties for prosecuting such crimes is the multijurisdictional
borders they cross to commit the offenses. Numerous offenders have escaped legal scrutiny by
aligning themselves with leaders of European countries throughout the continent. In 2014, Manzano,
Monaghan, and Potrata concluded that:
The characteristics of organized transnational crime jeopardize possibilities of detection,
prevention, and prosecution. As indicated, organ trafficking offenses are complex and span several
jurisdictions, with sellers from different continents to the recipients. As with layering in money
laundering, organ brokers and traffickers often locate their operation bases in unrelated countries,
further complicating traceability (p.3).
The social and economic atmosphere in England and the entire United Kingdom has been
tense as the Brexit date has loomed large on the minds of many citizens of the United Kingdom.
Populist ideology has taken hold in a small but vocal minority, including political leaders who have
found a receptive audience to speak their anti-immigration rhetoric. They have used the economic
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woes of the English economy on brown and black British citizens. In 2021, Green, Hellwig, and
Fieldhouse concluded that:
three grieves that typify the campaigns of populists: (1) those concerned with the economy; (2)
those are stemming from race, immigration, and national identity and (3) those targeted at the
political system, however, while the way in voting for populism is the subject of a significant debate
about the drivers of populist appeal (p. 2).
Relationship between England and the United States
monarchy in today's British democratic system is solely symbolic. The monarch still retains
some rights in the British system. One such right is the gathering of Parliament after a national
Election and dismisses Parliament as needed. She calls on the winner and leader of the Election
and dismisses Parliament as needed. She calls on the winner and leader of the winning political
party to meet with her to form a government.
British Parliament
English governmental system is three parts, with the monarchy at the top of the pyramid
followed by the House of Lords, and finally the House of Commons. By constitutional mandate, the
multi-departmental provides the organizational leadership for the country. It allows for the
commingling of official influence spread throughout the government and not a concentrated power
configuration.
The Monarch
The First Branch of the British Parliament is the Monarchy. The monarchy's influence
on British governmental affairs has lessened through the years. The lessening of the influence
of the monarch is a direct result of changing constitutional and democratic principles. The role
of the monarchy in today's British democratic system is solely symbolic. The Queens serves as
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the head of state but has limited involvement in the day-to-day legislation of the country.
The House of Lords
The next branch of Parliament is The House of Lords, which relics when English Nobles
from around the country would gather and advise the king on addressing domestic and foreign
affairs. Three categories this was the group. Terrill et al. (2016) consisted of archbishops of York
and Canterbury; the bishops of London, Durham, and Winchester; and twenty-one senior bishops
of the church England. Also included were the law lords responsible for performing judicial
duties for the House, which was the highest appeal court (p.24).
The House of Lords has two distinct groups within its body. First is the hereditary group.
These members, which numbered up to eight hundred, make up a sizable portion of the House.
The House of Commons
Members of The House of Commons include what the English termed commoners. These
lifelong public servants made significant contributions through their professional experience
restricted from passing their membership to Parliament to their children—the British
government. Members of the House of Commons are associated with the third branch of the
British Parliament is the House of Commons. This branch is the largest numerically, with 650
elected officials in its ranks. Its significant responsibility is to vote on legislative bills and to
debate pending legislation.
The English political system author and debate eventually legislated new laws enforced by
the divisions of the Home Office and the nine courts of the court system. The legal symbiotic
relationship between the Parliament, Home Office, and English Court System have remained since
establishing the constitution and the English Parliament.
The Home Office
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The Home Office is the top law enforcement agency in England. The agency head is the
cabinet-level position that answers directly to the Prime Minister and a member of Parliament. The
agency has departments that answer the Home Security: Office of Inspectorate of Constabulary,
National Crime Agency, Independent Police complaints Commissions, Metropolitan Police
Services, City of London Police, and 41 Police Forces.
English Court System Organization
The organizational structure and hierarchy of the English court system have nine
interconnected courts, with the Supreme Court of the United Kingdom is the highest court in the
county, followed by the Court of Appeal, High Court, Chancery Division, Queen's Bench
Division, Family Division, County Courts, Crown Courts, and Magistrates Courts.
The court structure in the United States organized similarly. In the United States, they are
thirteen Appeals courts that sit directly below the Supreme Court. These courts have purposely
spread out throughout the country. The English Court system has only one for the entire country.
They many other courts that hear both civil and criminal cases. The presiding Judge of the criminal
half of the court is called Lord Chief, and the Presiding Judge over civil matters is called Master of
the Roll.
The next level is the High Court. The Appellate Court, the High Court is a stand-alone
court with three divisions (Chancery, Queens Bench, and Family divisions) that fall under its
sphere of influence. This court has multiple jurisdictions, with the original authority being civil
matters like tort, wills, property, trusts, and estates. The second authority is that of income and
bankruptcy.
The Queen’s Bench Court authority hears commercial, contracts, and admiralty cases. The
Family Court hears cases including matrimony, guardianship, wardship, and adoption. The third
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court is the Crown Courts. The court has exclusive authority over all major criminal cases. It also
hears cases of appeals of those convicted of crimes in the magistrates, court. Unlike the other
courts that sit higher on the organization schematic where England has only one, they are seventy-
eight Crowns Court.
Crime Scenario
The trip to London was a dream come true. We were walking around and seeing all the sights
with other students in the college exchange program. Several other students, we all went to a local pub
to enjoy some of the products. At the end of the evening, a few other students and I decided to go up to
my room to continue parting. About 2 am I fell asleep on the bed, waking up several hours later to get
ready for class when I walked into the bathroom and slipped on a red color liquid. Confused and
dazed, I looked around and found a puddle of blood that led to a bathtub. In the tub was a stranger
covered in blood. The stranger has a stepped wound on his stomach where blood is dripping from the
wound. Upon seeing the scar, I contacted the hotel front desk, and which they reached out to The
Metropolitan Police Service. Emergency Medical Service (EMS) transported the victim to the local
hospital where he underwent emergency surgery to repair internal damage.
Arrest/Detention
Upon arrival, the London Police began their investigation of the crime scene. Within carrying a
sentence of five years or more years of incapacitation listed in section 24 of the power statute. A
few hours, the Metropolitan Police Service (MPS) issued A warrantless arrest. Under the arrest
clause, the police can arrest an individual(s) without a warrant for a common-law offense. The
police informed me that I was under arrest, and the preliminary charge was Human Trafficking
(Organ trafficking).
As they placed the handcuffs, the other officers continued to process the crime. As stated,
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all searches transpired conducted according to gather evidence of a crime and any item
they could use to escape. In the crime, I stand accused of Human Trafficking (Organ trafficking).
In the United Kingdom, Organ Trafficking is covered by section 32 or 33 of the Human
Trafficking Act 2004.
I was taken into custody and detained at a designated police station under section 24. Upon
arrival at the station, the custody officer who holds the rank of Sargent and about reviews the current
evidence and decides if they are enough evidence to charge me with a crime. The Custody Officer is
responsible for my treatment while detained. A second official participates in the protection of
detained individuals. A Review Officer is responsible must hold the rank of Inspector and cannot be
involved in the case.
As mandated, I stood before two magistrates and a clerk as a part of the detention hearing
process. They provided me with a police application for further detention and the right to legal
representation. While detained, I had the absolute right to stay silent. Police Criminal Evidence Act
1984 (PACE) section 3.5 the caution granted on arrest, should be in the subsequent terms: you do
not say anything. However, it may damage your defense if you do not mention something you later
rely on in court when questioned. Anything you do say may be presented in evidence (p. 7).
Corrections
England's legal system established five categories of prisons in utilization in the incapacity
of offenders. 1) remand center, 2) local jails, 3) closed and open training institutions, 4) high-
security, and 5) closed and open for young offender institutions. Each facility has a specialized
purpose in the manner and whom they incapacitate. The prisons, regardless of the classification,
encourage the inmates to better themselves prior to release. In this manner, they improve
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opportunities when they are released back into society. The initiative-taking approach to corrections
has been effective in stemming the recidivism rate among prior offenders in England.
Individuals have argued that the prisons in England, like those found in the United States,
suffer from overcrowding, but they mistake the prisons' local remand centers (local Jails). Remand
Centers during the 2006 period represented seventeen percent of the entire prison population in
England. The English correction systems purposely keep the populations that hold the country's
most dangerous offenders lower. The tactic of keeping the severe offender population low provides
the prison staff an opportunity for closer scrutiny of the offenders.
Judicial Process
Lightowlers and Quirk (2015) most defendants awaiting trial or sentence are entitled to
release on bail unless there are numerous motives to believe that they pose a risk to the public by
committing further offenses, interfering with witnesses of absconding (p. 7). As an American
student without diplomatic immunity, because of my non-English citizen status as any other
foreigner that violated English Law. Because of the risk of leaving the country prior to my court
date bail denied, I am sent to the remand center to await my court date. The remand center is the
local jail where individuals await their court dates.
As I await my court date, I had the opportunity to speak with the Crown Prosecution
Service (CPS) representative. They met with me to inform me that after reviewing the case against
me met the two requirements needed for the case to move forward. The first element that must be
met test is the quality and quantity of evidence. The second is whether it is in the public's best
interest to prosecute. The Crown Courts hears the most severe cases in the English criminal justice
system made up of Judges from the Queen's Bench Division.
The following morning, correctional office I was transported to the Crown Court for formal
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arraignment. Here is where I heard the formal charges against me is one count of Human Trafficking
(Organ trafficking), a crime that carries a maximum of a ten-year sentence. On the first day of court,
I was assigned a public defender under the Legal Aid (1974) under the act; a magistrates' court may
grant aid to a defendant appearing before it. Under English Law, a defendant has the option to have
the case before Judge and not a Jury (Summary Proceeding). These proceedings are conducted in
four stages—the reading of the charges, Oral presentation, third decision on the guilt or innocents.
After a week of oral, evidence presentation, and closing arguments by the Crown Prosecutor
Service (CPS) and my court-appointed lawyer, I waited for the verdict to be read. Innocent on the one
count of Human Trafficking (Organ Trafficking). The Crown Prosecutor Service (CPS) and the
London Mt Crown Prosecutor Service (CPS) London Metropolitan Police failed to review the
hallway surveillance camera that showed two men and a woman leaving the room with a cooler when
I was sleeping in the other room. Upon the innocent verdict, immediately upon release from custody
with an apology from the court. I recovered my belongings and headed straight to Heathrow
International Airport and the first flight to the United States.
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Conclusion
England's contribution to world history is significant. They have as a country contributed
to sciences, philosophy, literature, the arts, shipbuilding, colonization, parliamentary democracy,
and the democratic process. However, no contribution has England's long history greater than
what this made in the field of Law and the law profession. One set of laws has set the foundation
for civilization's criminal justice system in many countries and the systems used in England and
the United States. A living legacy that has allowed both countries to grow and prosper where
others have failed effectively.
Common-Law took different regional, cultural, and ethnic rules prominent during the dark
ages in England in many towns throughout the countryside and created one standard set of rules
(laws) known as Common laws applied throughout the country and its citizens. Jones et al.
(2016). During the last two centuries, policing in England has undergone a major ideological
transition from reactive security provision to initiative-taking presence (p.338).
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References
Alnour, H., Sharma, A., Halawa, A., & Alalawi, F. (2021) Global practices and Policies of Organ
Transplantation and Organ Trafficking.
Experimental and Clinic Transportation (2021). DOI: 10.6002/ect.2020.0251.
Ambagtsheer, F., and Van Balen, L. (2020). I am not Sherlock Holmes': Suspicions, Secrecy, and
Silence of Transplant Professionals in the Human Organ Trade.
European Journal of Criminology. 2020, Vol. 17(6) pp.764-783. DOI: 10.1177/1477370818825331
Ambagtsheer, F., De Jong, J., Bramer, W. M., and Weimar, W. (2016) On Patients Who
Purchase Organ Transplant Abroad.
American Journal of Transplantation 2016; 16:2008-2815. Doi:10/1111/ajt.13766
Green, J., Hellwig, T., and Fieldhouse, E. Who Gets What: The Economy, Relative Gains, and
Brexit?
British Journal of Political Science (2021), pp 1-19. DOI: 10.1017/S0007123420000551.
Monaghan, M. A., Monaghan, M, & Potrata, B (2014) The Invisible Issue of Organ Laundering.
The University of Leeds https://doi.org/10.1097/TP.0000000000000333.
Lightowlers, C and Quick, H (2015) The 2011 England 'Riots': Prosecutorial Zeal and Judicial
Abando.
British Journal of Criminology, 55 (1). 65-85. https://doi.org/10.1093/bjc/azu081
Police and Criminal Evidence Act 1984. Code G Revised Code of Practice for the Statutory
Power of Arrest by Police Officers.
Trey, T., Matas, D. (2017) State-Organized Criminal Forced Organ Harvesting.
Journal of Trafficking and Human Exploitation. Vol. 1, NR. 2, 175-186, Paris Legal Publishers.
Additional Sources
Jones, M & Johnstone, P. (2016) History of Criminal Justice. 5th Edition.
Amhurst, MA: Anderson Publication
Terrill, R. J. (2016) World Criminal Justice Systems: A comparative Survey. Ninth Edition.
New York: NY: Routledge Publishing
News Article
Missing black people: mother of Richard Okorogheye calls for public inquiry | Police | The
Guardian
Holy Bible
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Exodus 21:16 Whoever steals a man and sells him, and anyone found in possession of
him, shall be put to death.
Galatians 5:1 For freedom, Christ has set us free; stand firm therefore, and do not submit again to
a yoke of slavery.
