Brian Wayne
CJUS 701
Dr. Gardner
February 15, 2021
Introduction (Church)
“Sunshine, blue skies, please go away. My girl (life) has found another and gone astray. My life
is filled with gloom. So, day after day, I stay locked up in my room (cell). I know to you it might sound
strange, but I wish it would rain.” The opening line from the song “I wish it would rain” recorded by
Temptations perfectly describes my current situation. What was supposed to be a great vacation has
turned in to my worst nightmare. It all began with a family member’s suggestion that I take a real
vacation as I have not taken one in years. So, I did my research, submitted my time-off request ad
decided on London, England.
The Decision-Making Process (Just Mercy)
I am not big history buff, but I have never been on a cruise, so I figured why not cruise the River
Thames? London is the capital and largest city of England and the United Kingdom. The city stands on
the River Thames in the south-east of England, at the head of its 50-mile (80 km) estuary leading to the
North Sea. London has been a major settlement for two millennia. Londinium was founded by the
Romans. The City of London, London's ancient core and financial center − an area of just 1.12 square
miles (2.9 km2) and colloquially known as the Square Mile − retains boundaries that closely follow its
medieval limits. The adjacent City of Westminster has for centuries been the location of much of the
national government. Thirty-one additional boroughs north and south of the river also comprise modern
London. London is governed by the mayor of London and the London Assembly.
London is one of the world's most important global cities. It exerts a considerable impact upon
the arts, commerce, education, entertainment, fashion, finance, healthcare, media, professional
services, research and development, tourism, and transportation. It is one of the largest financial
centers in the world and in 2019, London had the second highest number of ultra-high-net-worth
individuals in Europe, after Paris. In 2020, London had the second-highest number of billionaires of any
city in Europe, after Moscow. London's universities form the largest concentration of higher education
institutes in Europe, and London is home to highly ranked institutions such as University College London,
Imperial College London in natural and applied sciences, and the London School of Economics in social
sciences. In 2012, London became the first city to have hosted three modern Summer Olympic Games.
Another motivation to visit London was the economy. The economy of England is the largest
economy of the four countries of the United Kingdom. England is a highly industrialized country. It is an
important producer of textiles and chemical products. Although automobiles, locomotives, and aircraft
are among England's other important industrial products, a significant proportion of the country's
income comes from the City of London. Since the 1990s, the financial services sector has played an
increasingly significant role in the English economy and the City of London is one of the world's largest
financial centers. Banks, insurance companies, commodity and futures exchanges are heavily
concentrated in the City. The British pound sterling is the official currency of England and the central
bank of the United Kingdom, the Bank of England, is in London.
The service sector of the economy is now the largest in England, with manufacturing and
primary industries in decline. The only major secondary industry that is growing is the construction
industry, fueled by economic growth provided mainly by the growing services, administrative and
financial sector.
The final proverbial check in the box was the relationship that England has with the United
States. Per the U.S. Department of the State, “the United States has no closer partner than the United
Kingdom. Following the end of the American Revolution in 1783, the United Kingdom officially recognized
American independence, and in 1785, our two countries established diplomatic relations. Other than a brief
break in relations during the War of 1812, the United States and the United Kingdom have remained durable
partners and Allies. Our partnership is the foundation of our mutual prosperity and security.
The strong relationship between the United States and the United Kingdom reflects our common
democratic ideals and values, which are reinforced through cooperation on political, security, and economic
issues. Along with other European Allies, the United States, and the United Kingdom work closely together to
combat terrorism, stop the proliferation of weapons of mass destruction, and work to solve regional issues,
such as ending conflicts in the Middle East. Following the United Kingdom’s January 31, 2020 departure from
the European Union, the United States continues to be a strong partner to the United Kingdom and looks
forward to negotiating an ambitious U.S.-U.K. free trade agreement.
The United States supports the peace process and devolved political institutions in Northern Ireland
and encourages the implementation of the U.S.-brokered 1998 Belfast Agreement, also known as the Good
Friday Agreement.”
According to an article on criminal procedures in England, they differ a bit than what we are
accustomed to here in the United States. The article states that, All criminal cases start in the Magistrates
Court which are presided over by professional or lay judges (magistrates, or Justices of the Peace), where
they can also hear minor criminal cases. There is no jury.
The Crown Court is the only court in England and Wales that has the jurisdiction to try cases on
indictment and therefore has judge and jury. It is the jury alone that decides on guilt or innocence. The
judge directs on the law and he or she is responsible for sentencing. It hears more serious criminal cases,
including ‘capital’ offences. The latter description is reserved for those offences that historically led to
‘capital punishment’ or the death penalty – murder and treason. The death penalty was abolished for
murder in 1965 in Great Britain, 1973 in Northern Ireland and in 1998 for treason. The most famous
Crown Court is the Central Criminal Court in London, more commonly known as the ‘Old Bailey’ after its
street address.
The Criminal Division of the Court of Appeal hears appeals from the Crown Court connected with
a trial on indictment and its decisions are binding, unless overturned by the Supreme Court. Because
there has been a jury trial there is no automatic right of appeal and an appeal can only be made if the
court gives permission. Appeals are only allowed if the decision of the lower court was incorrect, in
which case new evidence must be presented, or if there was a serious procedural error.
The Supreme Court is the highest appeal court with cases being heard by five of 12 appointed judges. It
will only rarely hear criminal cases.
Article 6 of the European Convention on Human Rights (ECHR) protects the right to a prompt
public hearing before an independent and impartial tribunal and provides another route in Europe to
appeal when the highest court of the land has refused the appeal.”
Rest and Relaxation? (Everybody Out)
What was meant to be a restful vacation filled with sightseeing and great food turned into the
worst experience of my life. On day three of seven, after an early dinner, and being a tad shaken up after
seeing a vehicle collision happen in front of me, I decided to call it an early night. I watched a few tv
shows and eventually nodded off. Around 2am I hear a knock on my door. It startled me which caused a
delayed response to me approaching the door to investigate. The knocking then increased in volume
and frequency. It was obvious that this was not a friendly gesture but a “open this door or it will be
broken down.” As soon as that thought left my mind, I heard “police, open the door.” As I open the
door, I am met by four heavily armed officers and am asked if my name is Brian? To which I respond yes.
Almost immediately, I am pushed back into my room, onto the bed, handcuffed (while being read my
rights), and escorted out of the hotel and into an awaiting police vehicle. My requests to know what was
going on were ignored. Soon thereafter, the vehicle stopped, the doors opened, and I was told to
“come.” I was then ushered into a dark cell and left there for the night. No food, no clothes, no
explanation.
The next morning the cell door opened, and I was greeted by Inspector Smith who informed me
that I was charged with murder? Taken aback, I asked him to repeat himself and he did. I asked how
when I have not had more than a two-minute conversation with anyone since my arrival, much less killed
someone? He explained that the charge stemmed from my actions the previous night. I told him that I
went out, had dinner, and went back to my room. He responded that I left one detail out. He asked did I
see anything out of the ordinary? I took a moment to think and said “a vehicle collision” but it appeared
to be minor, so I kept walking and returned to my hotel. That one sentence would be my demise.
Inspector Smith informed me that England has a duty to render aid law. The law requires
everybody to "render assistance during accidents or a common danger or emergency" if necessary, as far
as can be expected ("under the circumstances, particularly if it is possible without substantial danger to
himself and without violation of other important duties"). Refusing to assist can be punished with up to
one year of imprisonment. Confused and becoming more dejected by the second, I make another
incriminating statement. I tell the inspector that yes, I did see the collision and not attempt to render
aid, but I did not kill anyone. He sits down, removes his glasses and with a smirk says, “to me, you did.”
At this point, I am in tears. The Inspector reveals that the passenger in the vehicle suffered a massive
heart attack and died before proper assistance arrived and because it is believed that I saw her grave
condition but did not step in to help, I killed her. Due to that fact, an arrest warrant was issued, served
(on the night that I was picked up), and I was not given a bond.
Confinement (Holman Prison)
During the next few days, I was occasionally briefed on the process. I was informed that my
hotel room had been searched, the clothing that I was wearing (used to identify me) had been placed as
evidence and my passport was confiscated. Essentially, I was trapped with nowhere to go. I asked to be
able to call the U.S. Embassy and was granted one opportunity. As I began to speak with a
representative, the phone line went dead. I looked at the guard, he smiled and said slyly, “sorry.” The
attorney that I was given was no help and it appeared at times as though he was a prosecutor rather
than my own defense counsel. He told me very matter-of-factly, to “take the deal if it is offered.” I
attempted to explain that at the most, I am guilty of a crime that would lead to a maximum of a year in
prison. He then said, “be grateful that we do not have a death penalty, however you are going up
against life.”
Soon after that conversation, I was moved to solitary confinement due to “severity of my alleged
crime.” It was then that I found out that the woman who died was a very well-liked former judge.
Solitary or “the hole” as it is commonly referred took its toll on me mentally. In an article, Sharon Shalev
wrote (Shalev, 2008)” one of the problems most commonly reported by prisoners who were isolated is
that they found it hard to distinguish between reality and their own thoughts, or found reality so painful
that they created their own fantasy world. Researchers link such incidents to the absence of external
stimuli which results in the brain starting to create its own stimulation, manifesting in fantasy and
hallucinations. One study of prisoners who were isolated for periods ranging from 11 days to 10 months
reported both auditory and visual hallucinations. One interviewee described how: “the cell walls start
wavering... everything in the cell starts moving; you feel that you are losing your vision”. Others reported
auditory hallucinations: “I overhear guards talking. Did they say that? Yes? No? It gets confusing. Am I
losing my mind?” Prisoners also reported high sensitivity to noise and smells: “you get sensitive to noise.
The plumbing system... the water rushes through the pipes- it’s too loud, gets on your nerves. I can’t
stand it. Meals- I can’t stand the smells....the only thing I can stand is the bread” (Grassian, 1983). Other
studies have reported similar experiences, ranging from hypersensitivity to sound and smell, to paranoid
episodes and self-injury. One former female prisoner described extreme sensitivity to sounds “Your
vision was highly restricted, so you live by sound… you could hear every creaking of the place, you know,
the building. It was almost amplified… not that our hearing was better, it was just that we paid more
attention because sound had to do with… with life.” In layman’s terms, I was going crazy.
The Trial (Courthouse)
There I sat, in an unfamiliar place listening to an unfamiliar language of which I barely
understood, hoping praying that I something would happen to change my circumstances for the better.
The only question that I could clearly understand and subsequently answer was how do I plead? I
affirmatively stated, not guilty. Thankfully, I was able to read an article posted by the Fair Trials Initiative
in 2013. The article gave me a breakdown and stated, “you will be questioned by the judge (only about
your identity and your general personal situation) and then the prosecutor will read out the charges
against you and the legal basis for the prosecution. The judge will explain your right to remain silent but
will give you an option to respond to these charges. The judge will then question the witnesses and/or
experts. The public prosecutor and your defense lawyer will have the option to ask additional questions.
All evidence will be read out at trial. After all the evidence has been presented, the public prosecutor
followed by your defense lawyer will give the closing speeches. You will always have the opportunity for
the last word; even if defense counsel has spoken on your behalf you will be asked if you have anything
to add to your defense.”
Much to the dismay and in contrast to my attorney’s advice, I vehemently argued to be able to
take the stand in my own defense. It was my hope that by admitting to a crime, my acknowledgement
(and admission of ignorance) would bode well in my favor. I stated what occurred prior to the collision,
what I saw at the scene and what I failed to do. The judges did not seem too impressed at my
admissions and to be honest, I think I may have made things worse for me. Maybe my attorney was
right. However, at the conclusion of each day’s events, I went back to my cell and prayed. In Psalm
55:22-23, it states, ”Cast your cares on the LORD and he will sustain you; he will never let the righteous
be shaken. 23 But you, God, will bring down the wicked into the pit of decay; the bloodthirsty and
deceitful will not live out half their days.” (Psalms 55 NIV - - Bible Gateway 2021)
I did not realize that I could cry so much but each day I attempted to put on my bravest face and
endure what I knew was a personal battle though I could not understand why I was chosen to fight it.
During day four of the trial, my attorney notified me that this would likely be the last day of testimony
before the judges began deliberation. I had a sinking feeling in my stomach after hearing that. I knew
that these individuals held the fate of the rest of my life in their hands and that made me very uneasy.
Again, I leaned on His word. I knew what I did was wrong and that what I was accused of was in direct
conflict with His commandments. The night after the last day of my trial, I was kept rereading 1
Corinthians 2:5-7 which states, “so that your faith might not rest on human wisdom, but on God’s power.
6 We do, however, speak a message of wisdom among the mature, but not the wisdom of this age or of
the rulers of this age, who are coming to nothing. 7 No, we declare God’s wisdom, a mystery that has
been hidden and that God destined for our glory before time began.” (1 Corinthians 2 NIV - - Bible
Gateway 2021)
The Verdict (The Old Rugged Cross)
Today is the day. One way or another, I knew my life would change forever. Be it for the good or
the bad, it would never be the same. I was understandably nervous, and my attorney did not even
attempt to empathize with my position. He barely talked to me as is but today was very standoffish for
some reason. It was almost as if I were inconveniencing him and for the price that he charged me, I
would think that I had bought the right to do so even if I were. So, there I sat with a nervous shake in my
legs that I could not stop even when I tried to tell myself to. I expected the proceedings to last nearly all
day, but I was mistaken. About an hour after beginning, my attorney stepped out of the courtroom and
retuned about two minutes later. Upon his return, he looked at me and said one word, “decision.” My
heart sank. If had eaten anything for breakfast, I am sure that would have been the moment that it
reappeared. The moment of truth had arrived, and I was told to stand. The head judge read that I had
been found guilty of failure to render aid and would be given credit for time served (it took 4 months for
me to go to trial). As for the one count of murder, “we the judges find you…” there was a knock at the
rear of the courtroom. The knock became louder and more frequent. The look on everyone’s face was
that of confusion. The knocking slowly became pounding, and you could hear “police” in the distance. I
then found myself waking up in my hotel room. Still dazed but beginning to come to due to the
pounding at the door, I looked at the clock and it was 2am…….
References
1. Criminal law in England and Wales. (2020). Retrieved February 20, 2021, from
https://www.futurelearn.com/info/courses/science-behind-forensic-
science/0/steps/56573
2. Elcock, Howard (1994). Local Government: Policy and Management in Local Authorities.
London: Routledge. p. 368. ISBN 978-0-415-10167-7.
3. Global Power City Index 2017" . Institute for Urban Strategies – The Mori Memorial
Foundation. Retrieved 23 November 2018.; Adewunmi, Bim (10 March 2013). "London:
the everything capital of the world". The Guardian. London.; "What's The Capital of the
World?"
4. Government Offices for the English Regions, Fact Files: London" . Office for National
Statistics. Archived from the original on 24 January 2008. Retrieved 4 May 2008.
5. Initiative, F. T. (2013, February). Criminal Proceedings and Defense Rights in England.
Retrieved 2021, from https://www.fairtrials.org/wp-content/uploads/England-advice-
note.pdf
6. Joanna Till (14 February 2012). "Croydon, London or Croydon, Surrey?". Croydon
Advertiser. Archived from the original on 14 July 2014.
7. Jones, Bill; Kavanagh, Dennis; Moran, Michael; Norton, Philip (2007). Politics UK. Harlow:
Pearson Education. p. 868. ISBN 978-1-4058-2411-8.
8. Joshua Fowler (5 July 2013). "London Government Act: Essex, Kent, Surrey and Middlesex
50 years on". BBC News.
9. Laurence Cawley (1 August 2013). "The big debate: Is Bromley in London or
Kent?". Bromley Times
10. Psalms 55 NIV - - Bible Gateway. (2021). Retrieved February 19, 2021, from
https://www.biblegateway.com/passage/?search=psalms%2B55&version=NIV
11. "Roman London" . Museum of London. n.d. Archived from the original on 22 March 2008.
12. . More Intelligent Life. Archived from the original on 22 September 2013. Retrieved 4
July 2013.
13. The World's Most Influential Cities 2014" . Forbes. Retrieved 2 March 2015.; Dearden,
Lizzie (7 October 2014). "London is 'the most desirable city in the world to work in', study
finds". The Independent. London. Retrieved 2 March 2015.
14. "The World Factbook" . Central Intelligence Agency. 1 February 2014. Retrieved 23
February 2014.
15. Shalev, Sharon, A Sourcebook on Solitary Confinement (2008). Available at
SSRN: https://ssrn.com/abstract=2177495 or http://dx.doi.org/10.2139/ssrn.2177495
16. U.S. relations With United Kingdom - United States Department of state. (2021, January
14). Retrieved February 20, 2021, from https://www.state.gov/u-s-relations-with-united-
kingdom/
17. Whitfield, N. (1968). I wish it would rain. [Recoded by The Temptations]. On The
Temptations Wish It Would Rain [CD]. Detroit, MI: Motown Records. (1967).
