SlideShare a Scribd company logo
1
Penal Code in the United States and America
Comparative Criminal Justice
Tim Lewis
Vachia Lubin
Date: August 15, 2021
2
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
3
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
4
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.
5
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/populat
ionandmigration/
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
https://www.gov.uk/arrested-your-rights
https://www.gov.uk/police-powers-to-stop-and-search-your-
rights
https://www.ons.gov.uk/peoplepopulationandcommunity/populat
ionandmigration/populationestimates
https://www.ons.gov.uk/peoplepopulationandcommunity/ populat
ionandmigration/populationestimates
https://www.cps.gov.uk/legal-guidance/rape-and-sexual-
offences-chapter-7-key-legislation-and-offences
https://www.cps.gov.uk/legal-guidance/rape-and-sexual-
offences-chapter-7-key-legislation-and-offences

More Related Content

More from TatianaMajor22

Behavior in OrganizationsIntercultural Communications Exercise .docx
Behavior in OrganizationsIntercultural Communications Exercise .docxBehavior in OrganizationsIntercultural Communications Exercise .docx
Behavior in OrganizationsIntercultural Communications Exercise .docx
TatianaMajor22
 
Discussion Question Comparison of Theories on Anxiety Disord.docx
Discussion Question Comparison of Theories on Anxiety Disord.docxDiscussion Question Comparison of Theories on Anxiety Disord.docx
Discussion Question Comparison of Theories on Anxiety Disord.docx
TatianaMajor22
 
I have always liked Dustin Hoffmans style of acting, in this mov.docx
I have always liked Dustin Hoffmans style of acting, in this mov.docxI have always liked Dustin Hoffmans style of acting, in this mov.docx
I have always liked Dustin Hoffmans style of acting, in this mov.docx
TatianaMajor22
 
Is obedience to the law sufficient to ensure ethical behavior Wh.docx
Is obedience to the law sufficient to ensure ethical behavior Wh.docxIs obedience to the law sufficient to ensure ethical behavior Wh.docx
Is obedience to the law sufficient to ensure ethical behavior Wh.docx
TatianaMajor22
 
If you are using the Blackboard Mobile Learn IOS App, please clic.docx
If you are using the Blackboard Mobile Learn IOS App, please clic.docxIf you are using the Blackboard Mobile Learn IOS App, please clic.docx
If you are using the Blackboard Mobile Learn IOS App, please clic.docx
TatianaMajor22
 
Is the proliferation of social media and communication devices a .docx
Is the proliferation of social media and communication devices a .docxIs the proliferation of social media and communication devices a .docx
Is the proliferation of social media and communication devices a .docx
TatianaMajor22
 
MATH 107 FINAL EXAMINATIONMULTIPLE CHOICE1. Deter.docx
MATH 107 FINAL EXAMINATIONMULTIPLE CHOICE1. Deter.docxMATH 107 FINAL EXAMINATIONMULTIPLE CHOICE1. Deter.docx
MATH 107 FINAL EXAMINATIONMULTIPLE CHOICE1. Deter.docx
TatianaMajor22
 
If the CIO is to be valued as a strategic actor, how can he bring.docx
If the CIO is to be valued as a strategic actor, how can he bring.docxIf the CIO is to be valued as a strategic actor, how can he bring.docx
If the CIO is to be valued as a strategic actor, how can he bring.docx
TatianaMajor22
 
I am showing below the proof of breakeven, which is fixed costs .docx
I am showing below the proof of breakeven, which is fixed costs .docxI am showing below the proof of breakeven, which is fixed costs .docx
I am showing below the proof of breakeven, which is fixed costs .docx
TatianaMajor22
 
Examine the way in which death and dying are viewed at different .docx
Examine the way in which death and dying are viewed at different .docxExamine the way in which death and dying are viewed at different .docx
Examine the way in which death and dying are viewed at different .docx
TatianaMajor22
 
Karimi 1 Big Picture Blog Post ​ First Draft College .docx
Karimi 1 Big Picture Blog Post ​ First Draft College .docxKarimi 1 Big Picture Blog Post ​ First Draft College .docx
Karimi 1 Big Picture Blog Post ​ First Draft College .docx
TatianaMajor22
 
Please try not to use hard words Thank youWeek 3Individual.docx
Please try not to use hard words Thank youWeek 3Individual.docxPlease try not to use hard words Thank youWeek 3Individual.docx
Please try not to use hard words Thank youWeek 3Individual.docx
TatianaMajor22
 
1. Uncertainty that the party on the other side of an agreement.docx
1. Uncertainty that the party on the other side of an agreement.docx1. Uncertainty that the party on the other side of an agreement.docx
1. Uncertainty that the party on the other side of an agreement.docx
TatianaMajor22
 
Methodology Draft ;                                              .docx
Methodology Draft ;                                              .docxMethodology Draft ;                                              .docx
Methodology Draft ;                                              .docx
TatianaMajor22
 
Part 3 Internal Environmental ScanOrganizational AssessmentT.docx
Part 3  Internal Environmental ScanOrganizational AssessmentT.docxPart 3  Internal Environmental ScanOrganizational AssessmentT.docx
Part 3 Internal Environmental ScanOrganizational AssessmentT.docx
TatianaMajor22
 
Introduction to Juanita’s WorldThis continuing scenario.docx
Introduction to Juanita’s WorldThis continuing scenario.docxIntroduction to Juanita’s WorldThis continuing scenario.docx
Introduction to Juanita’s WorldThis continuing scenario.docx
TatianaMajor22
 
0x08048d02 +0push   ebp   0x08048d03 +1mov    esp,eb.docx
0x08048d02 +0push   ebp   0x08048d03 +1mov    esp,eb.docx0x08048d02 +0push   ebp   0x08048d03 +1mov    esp,eb.docx
0x08048d02 +0push   ebp   0x08048d03 +1mov    esp,eb.docx
TatianaMajor22
 
Challenger Space Shuttle Disaster AnalysisFor this assignment, .docx
Challenger Space Shuttle Disaster AnalysisFor this assignment, .docxChallenger Space Shuttle Disaster AnalysisFor this assignment, .docx
Challenger Space Shuttle Disaster AnalysisFor this assignment, .docx
TatianaMajor22
 
Date Description.docx
Date Description.docxDate Description.docx
Date Description.docx
TatianaMajor22
 
Management of Modugno Corporation is considering whether to p.docx
Management of Modugno Corporation is considering whether to p.docxManagement of Modugno Corporation is considering whether to p.docx
Management of Modugno Corporation is considering whether to p.docx
TatianaMajor22
 

More from TatianaMajor22 (20)

Behavior in OrganizationsIntercultural Communications Exercise .docx
Behavior in OrganizationsIntercultural Communications Exercise .docxBehavior in OrganizationsIntercultural Communications Exercise .docx
Behavior in OrganizationsIntercultural Communications Exercise .docx
 
Discussion Question Comparison of Theories on Anxiety Disord.docx
Discussion Question Comparison of Theories on Anxiety Disord.docxDiscussion Question Comparison of Theories on Anxiety Disord.docx
Discussion Question Comparison of Theories on Anxiety Disord.docx
 
I have always liked Dustin Hoffmans style of acting, in this mov.docx
I have always liked Dustin Hoffmans style of acting, in this mov.docxI have always liked Dustin Hoffmans style of acting, in this mov.docx
I have always liked Dustin Hoffmans style of acting, in this mov.docx
 
Is obedience to the law sufficient to ensure ethical behavior Wh.docx
Is obedience to the law sufficient to ensure ethical behavior Wh.docxIs obedience to the law sufficient to ensure ethical behavior Wh.docx
Is obedience to the law sufficient to ensure ethical behavior Wh.docx
 
If you are using the Blackboard Mobile Learn IOS App, please clic.docx
If you are using the Blackboard Mobile Learn IOS App, please clic.docxIf you are using the Blackboard Mobile Learn IOS App, please clic.docx
If you are using the Blackboard Mobile Learn IOS App, please clic.docx
 
Is the proliferation of social media and communication devices a .docx
Is the proliferation of social media and communication devices a .docxIs the proliferation of social media and communication devices a .docx
Is the proliferation of social media and communication devices a .docx
 
MATH 107 FINAL EXAMINATIONMULTIPLE CHOICE1. Deter.docx
MATH 107 FINAL EXAMINATIONMULTIPLE CHOICE1. Deter.docxMATH 107 FINAL EXAMINATIONMULTIPLE CHOICE1. Deter.docx
MATH 107 FINAL EXAMINATIONMULTIPLE CHOICE1. Deter.docx
 
If the CIO is to be valued as a strategic actor, how can he bring.docx
If the CIO is to be valued as a strategic actor, how can he bring.docxIf the CIO is to be valued as a strategic actor, how can he bring.docx
If the CIO is to be valued as a strategic actor, how can he bring.docx
 
I am showing below the proof of breakeven, which is fixed costs .docx
I am showing below the proof of breakeven, which is fixed costs .docxI am showing below the proof of breakeven, which is fixed costs .docx
I am showing below the proof of breakeven, which is fixed costs .docx
 
Examine the way in which death and dying are viewed at different .docx
Examine the way in which death and dying are viewed at different .docxExamine the way in which death and dying are viewed at different .docx
Examine the way in which death and dying are viewed at different .docx
 
Karimi 1 Big Picture Blog Post ​ First Draft College .docx
Karimi 1 Big Picture Blog Post ​ First Draft College .docxKarimi 1 Big Picture Blog Post ​ First Draft College .docx
Karimi 1 Big Picture Blog Post ​ First Draft College .docx
 
Please try not to use hard words Thank youWeek 3Individual.docx
Please try not to use hard words Thank youWeek 3Individual.docxPlease try not to use hard words Thank youWeek 3Individual.docx
Please try not to use hard words Thank youWeek 3Individual.docx
 
1. Uncertainty that the party on the other side of an agreement.docx
1. Uncertainty that the party on the other side of an agreement.docx1. Uncertainty that the party on the other side of an agreement.docx
1. Uncertainty that the party on the other side of an agreement.docx
 
Methodology Draft ;                                              .docx
Methodology Draft ;                                              .docxMethodology Draft ;                                              .docx
Methodology Draft ;                                              .docx
 
Part 3 Internal Environmental ScanOrganizational AssessmentT.docx
Part 3  Internal Environmental ScanOrganizational AssessmentT.docxPart 3  Internal Environmental ScanOrganizational AssessmentT.docx
Part 3 Internal Environmental ScanOrganizational AssessmentT.docx
 
Introduction to Juanita’s WorldThis continuing scenario.docx
Introduction to Juanita’s WorldThis continuing scenario.docxIntroduction to Juanita’s WorldThis continuing scenario.docx
Introduction to Juanita’s WorldThis continuing scenario.docx
 
0x08048d02 +0push   ebp   0x08048d03 +1mov    esp,eb.docx
0x08048d02 +0push   ebp   0x08048d03 +1mov    esp,eb.docx0x08048d02 +0push   ebp   0x08048d03 +1mov    esp,eb.docx
0x08048d02 +0push   ebp   0x08048d03 +1mov    esp,eb.docx
 
Challenger Space Shuttle Disaster AnalysisFor this assignment, .docx
Challenger Space Shuttle Disaster AnalysisFor this assignment, .docxChallenger Space Shuttle Disaster AnalysisFor this assignment, .docx
Challenger Space Shuttle Disaster AnalysisFor this assignment, .docx
 
Date Description.docx
Date Description.docxDate Description.docx
Date Description.docx
 
Management of Modugno Corporation is considering whether to p.docx
Management of Modugno Corporation is considering whether to p.docxManagement of Modugno Corporation is considering whether to p.docx
Management of Modugno Corporation is considering whether to p.docx
 

1Penal Code in the United States and America Comparat

  • 1. 1 Penal Code in the United States and America Comparative Criminal Justice Tim Lewis Vachia Lubin Date: August 15, 2021 2 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.
  • 2. 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
  • 3. 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 3 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
  • 4. 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
  • 5. 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 4 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
  • 6. 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. 5 References
  • 7. 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/populat ionandmigration/ 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 https://www.gov.uk/arrested-your-rights