The document provides an overview of the criminal justice systems in Britain and the United States. It discusses the court structures and legal traditions of England/Wales, Scotland, and Northern Ireland. It also compares the police, courts, and corrections branches of the U.S. system. Finally, it analyzes similarities and differences between the roles of lawyers, legal education, and sources of legal authority in the two countries.

1. COMPARATIVE CRIMINAL
JUSTICE SYSTEM
PHD
BY
DR. SHEIKH MUHAMMAD
ADNAN
Dr. Sheikh Muhammad Adnan

2. BRITISH JUDICIAL SYSTEM
• ENGLAND & WALES [LAW, COURTS AND PROCESS]
• SCOTLAND
• NORTHERN IRELAND
• ADVANTAGES
• PROBLEMS
Dr. Sheikh Muhammad Adnan

3. BRITISH JUDICIAL SYSTEM
• ENGLAND & WALES [LAW, COURTS AND PROCESS]
• CRIMINAL LAW
• CIVIL LAW
• COMMON LAW : IS BASED ON CUSTOM AND INTERPRETED IN
COURT CASES BY JUDGES
• EQUITY LAW : CONSIST OF A BODY OF HISTORIC RULES AND
PRINCIPLES WHICH ARE APPLIED BY THE COURTS
• EUROPEAN COMMUNITY LAW: IS CONFINED MAINLY TO
ECONOMICAL AND SOCIAL MATTERS.
Dr. Sheikh Muhammad Adnan

4. BRITISH JUDICIAL SYSTEM
• ENGLAND & WALES [LAW, COURTS AND PROCESS]
• .MAGISTRATES COURT
• CROWN COURT
• HIGH COURT
• COURT OF APPEAL
• CRIMINAL DIVISION
• HOUSE OF LORDS
Dr. Sheikh Muhammad Adnan

5. BRITISH JUDICIAL SYSTEM
• ENGLAND & WALES [LAW, COURTS AND PROCESS.]
• THE SYSTEM OF PRECEDENT
• LAWYERS AND THEIR CLIENTS CAN RECEIVE GUIDANCE AS TO THE
LIKELY OUTCOME OF A LEGAL ISSUE BY HAVING REGARD TO
PREVIOUS JUDGMENTS
• THE ADVERSARIAL SYSTEM
• THE SUCCESS OR FAILURE OF A CASE IS DETERMINED BY THE
PERSUASIVENESS OF THE PARTIES’ ARGUMENTS, TAKING INTO
ACCOUNT THE EVIDENCE ACCEPTED BY THE COURT.
• JURY: DECIDE MATTER OF FACT
• JUDGE : DETERMINE APPLICATION OF THE LAW
Dr. Sheikh Muhammad Adnan

6. THE LEGAL SYSTEM IN SCOTLAND
AND NORTHERN IRELAND
• SCOTLAND — ARE MODELED BOTH ON ROMAN AND
ENGLISH LAW. THE SCOTTISH EXECUTIVE JUSTICE
DEPARTMENT IS RESPONSIBLE FOR CIVIL LAW AND
CRIMINAL JUSTICE, INCLUDING POLICE, PRISONS AND
COURTS ADMINISTRATION. NORTHERN IRELAND —IS
SIMILAR TO THAT OF ENGLAND AND WALES. THE
NORTHERN IRELAND OFFICE UNDER THE SECRETARY OF
STATE, HAS RESPONSIBILITY FOR POLICY AND LEGISLATION
CONCERNING CRIMINAL LAW, THE POLICE AND THE PENAL
SYSTEM.
Dr. Sheikh Muhammad Adnan

7. ADVANTAGES OPEN —THE COURTS ARE OPEN TO
THE PUBLIC INDEPENDENT
• WHEN A TRIAL IS GOING ON. INDEPENDENT — THE COURTS
ARE POLITICALLY NEUTRAL. EQUAL ACCESS TO JUSTICE —
LEGAL ADVICE AND ASSISTANCE
Dr. Sheikh Muhammad Adnan

8. PROBLEMS NO WRITTEN CONSTITUTION OUT-
DATED ELITIST DOMINATION
• TRADITION: WIG & GOWN
• ----VALUES ELITIST DOMINATION
• — PRO-CONSERVATIVE
• MALE DOMINATION
• NOT RELIABLE
Dr. Sheikh Muhammad Adnan

9. THE U.S. CRIMINAL JUSTICE SYSTEM
• UNDERSTAND THE THREE BRANCHES OF THE U.S. CRIMINAL
JUSTICE SYSTEM
• POLICE ARE A CIVIL FORCE IN CHARGE OF ENFORCING LAWS
AND PUBLIC ORDER AT A FEDERAL, STATE, OR COMMUNITY
LEVEL. NO UNIFIED NATIONAL POLICE FORCE EXISTS IN THE
UNITED STATES, ALTHOUGH THERE ARE FEDERAL LAW
ENFORCEMENT OFFICERS. FEDERAL OFFICERS OPERATE UNDER
SPECIFIC GOVERNMENT AGENCIES SUCH AS THE FEDERAL
BUREAU OF INVESTIGATION (FBI); THE BUREAU OF ALCOHOL,
TOBACCO, FIREARMS, AND EXPLOSIVES (ATF); AND THE
DEPARTMENT OF HOMELAND SECURITY (DHS). FEDERAL
OFFICERS CAN ONLY DEAL WITH MATTERS THAT ARE
EXPLICITLY WITHIN THE POWER OF THE FEDERAL
GOVERNMENT, AND THEIR FIELD OF EXPERTISE IS USUALLY
NARROW.
Dr. Sheikh Muhammad Adnan

10. THE U.S. CRIMINAL JUSTICE SYSTEM
• COURTS
• A COURT IS A SYSTEM THAT HAS THE AUTHORITY TO MAKE
DECISIONS BASED ON LAW. THE U.S. JUDICIAL SYSTEM IS
DIVIDED INTO FEDERAL COURTS AND STATE COURTS. AS THE
NAME IMPLIES, FEDERAL COURTS (INCLUDING THE U.S.
SUPREME COURT) DEAL WITH FEDERAL MATTERS, INCLUDING
TRADE DISPUTES, MILITARY JUSTICE, AND GOVERNMENT
LAWSUITS. JUDGES WHO PRESIDE OVER FEDERAL COURTS ARE
SELECTED BY THE PRESIDENT WITH THE CONSENT OF
CONGRESS.
• STATE COURTS VARY IN THEIR STRUCTURE BUT GENERALLY
INCLUDE THREE LEVELS: TRIAL COURTS, APPELLATE COURTS,
AND STATE SUPREME COURTS.
Dr. Sheikh Muhammad Adnan

11. THE U.S. CRIMINAL JUSTICE SYSTEM
• COURTS
• A JUDGE AND JURY ARE BOTH PRESENT. IT IS THE JURY’S
RESPONSIBILITY TO DETERMINE GUILT AND THE JUDGE’S
RESPONSIBILITY TO DETERMINE THE PENALTY, THOUGH IN
SOME STATES THE JURY MAY ALSO DECIDE THE PENALTY.
UNLESS A DEFENDANT IS FOUND “NOT GUILTY,” ANY MEMBER
OF THE PROSECUTION OR DEFENSE (WHICHEVER IS THE LOSING
SIDE) CAN APPEAL THE CASE TO A HIGHER COURT. IN SOME
STATES, THE CASE THEN GOES TO A SPECIAL APPELLATE
COURT; IN OTHERS IT GOES TO THE HIGHEST STATE COURT,
OFTEN KNOWN AS THE STATE SUPREME COURT.
Dr. Sheikh Muhammad Adnan

12. THE U.S. CRIMINAL JUSTICE SYSTEM
• CORRECTIONS
• HE CORRECTIONS SYSTEM, MORE COMMONLY KNOWN AS THE PRISON SYSTEM, IS
CHARGED WITH SUPERVISING INDIVIDUALS WHO HAVE BEEN ARRESTED, CONVICTED,
AND SENTENCED FOR A CRIMINAL OFFENSE. AT THE END OF 2010, APPROXIMATELY
SEVEN MILLION U.S. MEN AND WOMEN WERE BEHIND BARS (BJS 2011D);
AN ESTIMATED 6,613,500 PERSONS WERE UNDER THE SUPERVISION OF U.S. ADULT
CORRECTIONAL SYSTEMS IN 2016 AND THE DECLINE IS DUE SOLELY TO A DECLINING
PROBATION POPULATION (THE NUMBERS OF PEOPLE IN PRISON, JAIL, AND ON
PROBATION REMAIN STEADY).
• THE U.S. INCARCERATION RATE HAS GROWN CONSIDERABLY IN THE LAST HUNDRED
YEARS. IN 2008, MORE THAN 1 IN 100 U.S. ADULTS WERE IN JAIL OR PRISON, THE
HIGHEST BENCHMARK IN OUR NATION’S HISTORY. AND WHILE THE UNITED STATES
ACCOUNTS FOR 5 PERCENT OF THE GLOBAL POPULATION, WE HAVE 25 PERCENT OF
THE WORLD’S INMATES, THE LARGEST NUMBER OF PRISONERS IN THE WORLD.
Dr. Sheikh Muhammad Adnan

13. THE U.S. CRIMINAL JUSTICE SYSTEM
• CORRECTIONS
• HE CORRECTIONS SYSTEM, MORE COMMONLY KNOWN AS THE PRISON SYSTEM, IS
CHARGED WITH SUPERVISING INDIVIDUALS WHO HAVE BEEN ARRESTED, CONVICTED,
AND SENTENCED FOR A CRIMINAL OFFENSE. AT THE END OF 2010, APPROXIMATELY
SEVEN MILLION U.S. MEN AND WOMEN WERE BEHIND BARS (BJS 2011D);
AN ESTIMATED 6,613,500 PERSONS WERE UNDER THE SUPERVISION OF U.S. ADULT
CORRECTIONAL SYSTEMS IN 2016 AND THE DECLINE IS DUE SOLELY TO A DECLINING
PROBATION POPULATION (THE NUMBERS OF PEOPLE IN PRISON, JAIL, AND ON
PROBATION REMAIN STEADY).
• THE U.S. INCARCERATION RATE HAS GROWN CONSIDERABLY IN THE LAST HUNDRED
YEARS. IN 2008, MORE THAN 1 IN 100 U.S. ADULTS WERE IN JAIL OR PRISON, THE
HIGHEST BENCHMARK IN OUR NATION’S HISTORY. AND WHILE THE UNITED STATES
ACCOUNTS FOR 5 PERCENT OF THE GLOBAL POPULATION, WE HAVE 25 PERCENT OF
THE WORLD’S INMATES, THE LARGEST NUMBER OF PRISONERS IN THE WORLD.
Dr. Sheikh Muhammad Adnan

14. COMPARISON U.S. AND UK CRIMINAL JUSTICE
SYSTEM
• A NOTE ON STATES
• MUCH LIKE THE MAIN SUBDIVISIONS OF THE U.K. (I.E.
ENGLAND, WALES, SCOTLAND, AND NORTHERN IRELAND),
THE STATES OF THE U.S. HAVE THEIR OWN LAWS, COURT
SYSTEMS, AND BAR ASSOCIATIONS. IN THE U.S., FEDERAL
LAW AND COURT DECISIONS GENERALLY TAKE
PRECEDENCE OVER THESE STATE LAWS AND DECISIONS.
POWERS NOT GRANTED TO THE FEDERAL GOVERNMENT
ARE INSTEAD SPECIFICALLY RESERVED TO THE STATES IN
THE U.S. CONSTITUTION.
Dr. Sheikh Muhammad Adnan

15. COMPARISON U.S. AND UK CRIMINAL JUSTICE
SYSTEM
• A NOTE ON STATES
• COURT SYSTEMS
• COURT SYSTEMS IN BOTH COUNTRIES ARE QUITE SIMILAR. MINOR CRIMINAL OFFENSES AND SMALL CIVIL
DISPUTES ARE HANDLED BY SPECIAL MAGISTRATE COURTS TASKED WITH RESOLVING SUCH DISPUTES. IN THE
U.S., THESE ARE CASES FOR STATE COURTS ALMOST EXCLUSIVELY.
• MORE SERIOUS CRIMES AND CIVIL CASES IN BOTH COUNTRIES ARE THEN SUBJECT TO A THREE-COURT
HIERARCHY. IN THE U.S., AT THE FEDERAL LEVEL, CRIMINAL CASES AND CIVIL CASES ARE NOT HEARD BY
SEPARATE COURTS (AT THE STATE LEVEL, HOWEVER, MANY STATES DO HAVE SEPARATE COURT SYSTEMS
FOR THESE TWO TYPES OF CASES). CASES BEGIN IN LOWER COURTS (CROWN COURT IN THE U.K., DISTRICT
COURT IN THE U.S.), THEN MOVE ON TO COURTS OF APPEALS, AND ARE FINALLY RESOLVED IN A SINGLE
SUPREME COURT, IF NECESSARY.
• IT IS IMPORTANT TO NOTE THAT THE U.S. DOES NOT HAVE A “TRIBUNAL SYSTEM” AS THE U.K. DOES FOR
CERTAIN DISPUTES. THERE ARE, HOWEVER, NICHE COURTS FOR CERTAIN TYPES OF CASES (E.G. BANKRUPTCY
COURT IS A SEPARATE TYPE OF FEDERAL COURT). IN THE U.S., PARTIES MAY ALSO AGREE TO SUBMIT TO
BINDING ARBITRATION OR MEDIATION AS A MEANS OF ALTERNATIVE DISPUTE RESOLUTION IN CERTAIN
CASES. THIS OFTEN PROVIDES A LESS COSTLY, MORE STREAMLINED, AND LESS ADVERSARIAL WAY TO
CONCLUDE CONFLICTS.
Dr. Sheikh Muhammad Adnan

16. COMPARISON U.S. AND UK CRIMINAL JUSTICE
SYSTEM
• SOURCES OF LEGAL AUTHORITY
• MUCH LIKE COURTS IN THE U.K., COURTS IN THE U.S. RELY MAINLY
ON PAST JUDICIAL OPINIONS AS AUTHORITATIVE PRECEDENT WHEN
RESOLVING LITIGATION. IN THE U.S., THESE ARE OFTEN REFERRED TO
AS “OPINIONS” OR SIMPLY “CASES,” WHILE THE PHRASE “LAW REPORT”
HAS BECOME SOMEWHAT ARCHAIC.
• AS READERS WILL ALSO LIKELY KNOW, FOR LEGISLATION, THE U.S.
HAS TWO CENTRALIZED FEDERAL BODIES, THE HOUSE OF
REPRESENTATIVES AND THE SENATE (TOGETHER, KNOWN AS THE
CONGRESS), WHICH ARE SIMILAR TO THE HOUSES OF PARLIAMENT.
EACH OF THE 50 STATES IN THE U.S. IS AFFORDED TWO SENATORS,
WHILE REPRESENTATIVES ARE ALLOCATED PROPORTIONALLY BASED
ON EACH STATE’S POPULATION.
Dr. Sheikh Muhammad Adnan

17. COMPARISON U.S. AND UK CRIMINAL JUSTICE
SYSTEM
• ROLES OF LAWYERS
• ASIDE FROM DIFFERENCES IN NOMENCLATURE, THE ROLES OF
LAWYERS IN BOTH COUNTRIES ARE QUITE SIMILAR. THE TERMS
“BARRISTER” AND “SOLICITOR” ARE NOT COMMONLY USED IN
THE U.S., AND LITIGATORS AND NON-LITIGATORS ARE NOT
SEPARATELY LICENSED. INSTEAD, ONCE AN ATTORNEY IS
ADMITTED TO THE BAR IN A PARTICULAR STATE, HE OR SHE
MAY GENERALLY PRACTICE ANY KIND OF LAW. FOR THE SAKE
OF CLARITY: COURT-GOING BARRISTERS ARE KNOWN AS
“LITIGATORS” IN THE U.S., AND SOLICITORS ARE CALLED
“CORPORATE” OR “TRANSACTIONAL” ATTORNEYS, OR ARE
REFERRED TO IN ACCORDANCE WITH THEIR AREA OF
SPECIALIZATION (E.G., A HEALTH CARE ATTORNEY, A REAL
ESTATE ATTORNEY, A FAMILY LAW PRACTITIONER, ETC.).
Dr. Sheikh Muhammad Adnan

18. COMPARISON U.S. AND UK CRIMINAL JUSTICE
SYSTEM
• LEGAL EDUCATION
• UNLIKE IN THE U.K., THERE IS NOT A REQUIREMENT TO PURSUE
FURTHER COURSES AND APPRENTICESHIPS BEYOND LAW
SCHOOL IN THE U.S. INSTEAD, ALL PROSPECTIVE LAWYERS
TAKE A THREE-YEAR COURSE AT AN ACCREDITED LAW
SCHOOL AND RECEIVE A JURIS DOCTOR (J.D.) DEGREE UPON
GRADUATION. THEN, STUDENTS MUST PASS THE BAR EXAM IN
A STATE OF THEIR CHOOSING. AFTER LICENSURE, THEY MAY
GENERALLY PRACTICE LAW IN ANY FIELD OF THEIR CHOOSING.
• AS YOU CAN SEE, THE SYSTEMS ARE MORE ALIKE THAN THEY
ARE DIFFERENT. HOPEFULLY, THIS POST CAN SERVE AS A BASIC
GUIDE SO THAT ATTORNEYS CAN GET A SENSE OF HOW THE
TWO SYSTEMS COMPARE.
Dr. Sheikh Muhammad Adnan

19. Q & A
Dr. Sheikh Muhammad Adnan