Criminal Proceedings England is among the few countries that has the oldest governments
Running hеad: CRIMINAL PROCEEDINGS1Criminal ProceedingsStudеnt Namе:Institution affiliatеdProfеssor’s NamеDatеCRIMINAL PROCEEDINGS2Criminal ProceedingsEngland is among the few countries that has the oldest governments, law and other socialpractices. Most countries are known to have adopted the English style of government, law andpolitics before making some few changes to suit their different demographics. All thecommonwealth country are considered to have been part of the British colony during thecolonization era. The political, economic and social factors of all the commonwealth country ismainly attributed and influenced greatly by Britain. England can be termed as an old countrywith a mix of new ways of doing things (Thomas, 1991). The social aspect of England is mainlyderived from the old way of the English people. The country mainly has some old and fortifiedbuilding that were once existed as castles. The English streets are mixed with the old architectureof building and new modern approach in order to remain relevant and effective. The politicalaspect of England is also a mix of the old monarchial and democratic system of government.England as Britain has a prime minister who heads the democratic part of the government andthe queen who heads the monarchial system of government. Both the two system works togetherhand in hand in to serve the people England’s has a great economy that is classified among thetop economies of the world which is mainly attributed to the growth and unity in the Europeanunion (Thomas, 1991). British is a beautiful country to see that is has a rich history in all thethree pertinent aspect: political, social and economic. England also serve as the base of almostevery law in the world as it was responsible in drafting the first laws and establishing the judicialsystem of government.In England a violent assault will be subjected to the criminal proceeding established bythe law. The British system is founded on a private prosecution notion. Thus enable anyone inCRIMINAL PROCEEDINGS3England to institute any criminal action against the alleged offender (Thomas, 1991). A criminaloffender is brought to a magistrate and judge with crime committed through evidence or othersatisfactory claims that are well established and supported by some evidence. Any criminalprosecution will first pass through the director of public prosecution between being forward tothe magistrate where the director of public prosecution will be involved in the investigation andcollection of evidence before forwarding the case to the magistrate. In the case of the criminalassault the magistrate will be involving in hearing a case of the state as the prosecutor against thecriminal who will be the defendant. A criminal in England cannot be detained without anyevidence, unless there is a reason form the police force that time will be needed to gather moreevidence before prosecution and hence the criminal will have to be detained (Hauck, 2008).Taking two individual rights granted to a criminal suspect by the United States andanalyzing them with England’s criminal proceeding, a lot of similarities are obtained.Considering the right to a counsel and search and seizure rights between the two countries thefollowing information was obtained. Every criminal suspect has the right to counsel in Englandlike in the United States. The criminal suspect has the right to remain silent and contact a counselbefore recoding any statement since any information given can be used against them in the court.If the criminal suspect does not have a counsel or cannot afford a one, the state is obligated tooffer one who will act in the defense of the suspect (Hauck, 2008). The right to search andseizure in a criminal property or environment, England grants this right under differentconditions. A police officer will need an arrest warrant or search warrant when the crime underquestion is not considered to be a severe crime. However, when the crime under question is quitesever like rape, terrorism and murder, a police officer does not need an arrest warrant or a searchCRIMINAL PROCEEDINGS4warrant. Arrest are also made when a criminal is caught in the act and or with some evidence, awarrant of arrest is not needed.A defendant is treated innocent till proven guilty till by the England criminal proceeding.A criminal suspect will need to be prosecuted with evidence and if there is no evidence, thedefendant cannot be held in any police custody without evidence. However, if the police officerfeels that they need more time to gather evidence, this application is made through a magistratewho can authorize the defendant to detained or released on bong upon the hearing andcompletion of the investigation (Hauck, 2008). Evidence is used as the main source and basis ofprosecution. Petty crime defendants are mostly released after paying a fine and in some situation,they need not see a magistrate. However serious crimes are subjected to more strict measure andthe full force of law.There are a lot of similarities between the police culture in the United States and England.A police officer must first understand the right of any civilian and criminal suspects beforemaking any arrest in both countries. The criminal suspect need to be identified about their rightsto remain silent and the precaution of what might happen if they do not adhere to the instructions(Hauck, 2008). The main difference can be attributed to the court system where in United Statesa criminal cases are arraigned before a prosecution attorney while in England they are dealt withby the director of public prosecution.CRIMINAL PROCEEDINGS5ReferencesCriminal Statistics in England and Wales: Statistics relating the Crime and Criminal Proceedingsfor the year I968. H.M. Stationery Office, England, July I969, 1 I2s. 6d. (1969).International Journal of Offender Therapy and Comparative Criminology, 189-189.Hauck, P. (2008). Judicial decisions in the pre-trial phase of criminal proceedings in France,Germany, and England: A comparative analysis responding to the law of theInternational Criminal Court. Baden-Baden: Nomos.Thomas, R. (1991). The Attomey-General for England and Wales, and Northern Ireland: HisRole in Civil and Criminal Proceedings. International Review of Administrative Sciences,209-227.