Jason's Journal

May 5th 2017

• Brookwood American Military Cemetery
• Magna Carta signing memorial
• WWI Air Forces Memorial
• JFK assassination memorial

Today, I went to Brookwood, England to see my ancestor’s grave in Brookwood American Military Cemetery. I also went to the location of the signing of the Magna Carta and hiked around a bit. There is the Air Forces Memorial on a hillside near the memorial for the Magna Carta signing. Climbing to the top of the Air force memorial build has a stunning view of the surrounding area outside London. There is an acre of land that was donated to the USA in response to the assassination of President John F. Kennedy, where a monument was constructed as well.

While at the memorial monument for the signing of the Magna Carta there is a plaque that explains the influence the Magna Carta hand on the US constitution and Bill of rights. Paragraph 39 sounded very familiar, “No free man shall be seized or imprisoned, or stripped of his rights or possessions, or outlawed or exiled, or deprived of his standing in any other way, nor will we proceed with force against him, or send others to do so, except by the lawful judgement of his equals or by the law of the land” (Magna Carta).  The monument was built at the signing place of the Magna Carta and was paid for by the American BAR Association. It was built in order to show appreciation to the Magna Carta and to sure its influence on the US justice system.

What other influences does the English justice system have on the US? This trip will hopefully explain this in great detail.

May 9th 2017

• Learned ten things we should know about London in Kath’s Lecture
• Went to the Inns of Court tour
• Sat in on a criminal court case

We learned about the four Inns of Court today and about solicitors and barristers. Solicitors seem to be the more involved part of council while barristers more for representation inside the court room. Learning about the four Inns of Court reminded me of guilds almost. Barristers are required to join one the Inns of Court. We learned that they seem to choose them based on preference based around the history or society of the Inn. I found it interesting that barristers were not part of a firm but instead had their own spate business from other barristers inside a set of cambers. That is different from the USA where lawyers tend to join firms. I also found in interesting learning about the influence in the American Constitution from the Magna Carta. The influence from the English law system involving the Middle Temple Inn sent lawyers to set up a law system in the new world to build the foundations of a civilization. Five members of Middle Temple signed the American Declaration of Independence and six members signed the Constitution. The tradition inside the criminal court rooms involving the wigs and robes is different. In the US judges wear robe while the lawyers wear just normal business attire. I also find it different that the defendant does not have to be present in the court. If they are present they do not sit with their lawyer unless they are minors.

           I would like to learn more about the Magna Carta. The best way to find out more would be to ask the guide tomorrow where I can learn more. I could also go to the British Library and read about it and/or located a museum that may give me information. I went to the field where it was signed on May 5th. There is a monument paid for by the American BAR Association.

May 10th 2017

• Constitution tour; Westminster Abbey, House of Parliament, Supreme Court
• Counter-terrorism tour

We went to Westminster and visited the headquarters of the liberal democrats and the conservatives. I found it interesting that the European Union flag will have to be changed when the UK leaves it. When at the there is no written constitution in England. The Constitution is constantly evolving within Parliament. This is different in the US as we have a written constitution that requires a lot of time and effort to change. While we were at the Supreme Court we learned that it was formed to separate the legislative branch (House of Lords) from the judicial branch within the government. The Supreme Court in England is different from the US, because it does not deal with the constitution, which is for Parliament to do, it does have the authority to challenge executive orders. This is different in the US, our Supreme Court is in place to interpret our constitution.

     Something I found interesting about our tours today is the after the death of Queen Anna with no heir due to 18 miscarriages. The next in line to the throne was a German, King George I. However, he did not speak any English and to get past this barrier he appointed the first Prime Minister of England. Another interesting thing relating to criminal justice in England is that there is no double jeopardy law. If a defendant is acquitted of the charges they can be later retried when technology advances for the evidence.

     How often do they retry people for the same crime? I will have to look this up or ask the magistrate tomorrow.

May 11th 2017

• Met with Annie a local Lay Magistrate
• Went to the British Library to look for sources for the final project.

During our time with Annie, she gave us a presentation on the magistrate court and the magistrates. She also had a discussion with us about questions we may have had. Annie explained that there are three separate judicial systems in the United Kingdom. These systems are in England and Wales, Scotland, and Northern Ireland. She focused on the judicial system in England and Wales. Magistrates range from ages 18 to 70 years old and are forced to retire at 70. A Lay Magistrate is a person with no to very little legal training acting as a judge in the Magistrate Court for a community. The idea is a defendant receives a community judgement for a crime. The have a legal advisor in the court room with them to help them follow legal procedures. The crimes that magistrates deal in are assault, theft, drink driving, fraud, drug offenses, and harassment. They also issue warrants for the police when requested. This is different in the US these crimes and warrants are handled in criminal courts with a legally trained judge. Magistrates are required to start in the adult courts. Case progression works by first taking a plea from the defendant. If the plea is guilty it goes straight to sentencing. However, if the plea is not guilty it can go in two ways. First, the trial will be handled in the Magistrate Court. The procedure is, a trial date is set then directions are given to the prosecution and defense for evidence and then a decision is made for bail. The second way a not guilty plea can be handled is referred to as “either way” which means the case is directed to the Crown Courts for a jury trial.

I would like to know more about the courtroom layout and its differences from US courtroom layouts? I will learn about this tomorrow when we go to a Magistrate Court.

May 12th 2017

• Magistrates court
• Tour of the South Bank
• The Clink museum

While at the Thames Magistrates Court we sat in and observed two cases in court room seven. The first case involved the theft of four boxes of chocolate from a Tesco Express. The man was caught fleeing the scene and the chocolates were recovered. He plead guilty to the theft and was given a sentence of a 100 pounds fine or one day plus time spent in jail, as well as 30 pound court cost. He will also continue to work with probation to get housing and help. He suffers from schizophrenia and did not seem entirely lucid for the hearing. The second case was a man accused of two counts of theft and five counts of attempted auto theft. The theft charges were a stolen phone charger and sunglasses. The man had a criminal background spanning 29 pages mostly for similar charges all taking place on the same three streets; he was a class A drug user. He plead not guilty to all the charges and requested that the case be handled in magistrate court. However, the magistrates pushed the case on to the crown court which would involve a jury trial and be judged by a judge with legal training. In England 96 percent of court cases are handled in magistrate court. The magistrate courts are different than the way court is handled in the US. In the US defendants are not judges by a judge that is not trained in our legal system however in England that is exactly what a Lay Magistrates is.

           Are people in England happy with being judged by a person with no legal training? I can look it up online to figure this out.

May 15th 2017

• Went to Lewisham and met with Tim to get some fish and chips
• Met and talked with two police officers

While in Lewisham we met with two female police officers for a Q&A session. We  learned about the police in London and their training. Police are required to pass physical training tests every year to maintain their job. This is similar to the US police. There is a branch of officers known as, Police Community Officers. These officers assist in the policing of an area, but cannot make arrests. It is a good way for someone wanting to become a police officer to get some experience. The police in England start on a two year probationary period where they are evaluated to maintain their position. The police in London usually go out on single patrols, which is similar to how places in the US patrol. Police can cover more area with single patrols, but are more vulnerable. The police in in England all wear body cams to help with this vulnerability and aid them in filing reports. In the US we are starting to get body cams for officers, but it depends on the department whether the budget can allow it. I big difference between the US and England is police in England almost never talk to the Crown Prosecutors when submitting evidence for criminal courts it is all done electronically. In the US there is interaction between the DA and police in order to build a case. It also appears that the police here are afraid to use any sort of force. They told us a story about responding to a call an officer was stabbed and they did not use a baton to fend off the suspect. In the US the officer would be justified to defend themselves. It feels like policing hear would be frustrating, because of what seems to be a lack in training and defensive measures.

Is England a centralized police force? I will have to look it up.

May 16th 2017

• Went to the Old Bailey for court observations
• Policing on horseback talk
• Tower of London

We sat in and observed parts of two different cases while in the Old Bailey. The first case was a man on trial for trying to hire a hitman to kill his wife. The part we saw of this was a discussion about an objection that the defense wanted, however it was two or three days prior so the judge was not allowing it. It seemed like the defense was just desperately treading water. The second case was more interesting. We were able to see how the jury was being instructed and the prosecutor's opening statements. The case was about a man who stabbed another man. He was claiming self-defense. One of the charges was whether he was carrying a knife for defense, which is illegal in this country. The self-defense charges are the same in England as they are in the US, but in most parts of the US people are capable of carrying a weapon on them for personal defense. It sounded like the man on trial was attacked by several people who were armed. A difference I noticed during the trials is how polite and proper the court. In the US there is still a politeness, but nothing like what we saw, with the “my lady” and “my lord”. Later in the day I enjoyed hearing about horseback policing. We learned they are used for riot suppression and the officers take care of the horses themselves.

What are the laws around accomplices in England? I will have to ask someone that knows or look it up.

May 17th 2017

• Went to the foundling museum
• Went back to the City of London Police museum for a tour and CSI talk
• Went on a City of London police walking tour

At the City of London Police Museum we learn about some history of the City of London police. City of London police were formed in 1839 when the one square mile of the City of London thought it would lose its independence as greater London developed around this financial district. I found it interesting that the City of London only has about 6000 people living in it and the rest is financial offices and businesses. The majority of the crimes the police in the City of London deal with are not personal crimes, because of the low number of people who actually live there. While wandering through the museum we learned that there was a height limit for officers in both the metropolitan and City of London police, but is no longer the case. This is similar to the US where we used to have a height limit and other physical measurement this I no longer the case in the US as well. We learned that the people who do CSI in England are civilians who get the job with no prior background. They are trained in one specific field in forensics and then specialize in only that. This is different in from the US where we have to be college educated in crime scene investigation. The techniques they use are the same modern ones we use in the US.

We saw the facial sketch kit with interchangeable facial features. Do the police still use that or do they use sketch artists or some other means now?

May 18th 2017

• Work day

While working on the final project for our trip I was thinking about something that was said yesterday during the CSI talk. Facial recognition software was developed in London. It is used all over the world now to find offenders going through checkpoints or anywhere where the software is connected to cameras. While roaming around greater London it is hard not to notice cameras everywhere seemingly covering the whole city. It is like something straight out of George Orwell’s novel 1984. I cannot escape the thought of the quote, “big brother is watching you.” While talking to my professor she mentioned that Ogden, UT has the city covered with cameras. That is the first time I have heard about that. Here in London it is advertised everywhere that you are constantly on CCTV. However, I have never seen anything like that in Ogden. That is a big difference I am sure Americans would not like the idea of being constantly monitored, so it seems like it is kept a secret. In England it is a part of everyday life. No one here seems to notice or care. However, I could see how this may be an amazing tool for law enforcement to use in order to police a city of 8.7 million people.

How effective is facial recognition software? I am also wondering how effective of a deterrent for crime when offenders know they are under constant surveillance? I will have to look it up.

May 19th 2017

• The British Museum
• Jack the Ripper Tour

While at the British museum I went to three different exhibits. The first was the Ancient Mesopotamian exhibit where I found the Code of Hammurabi. This was one of the first written laws and punishments. It lists 282 laws ranging from commercial, property, and family law. The laws punishments follow the eye for an eye mentality. This is a retribution form of justice. The second exhibit was the Japan exhibit which was very interesting showing a history of Japan from ancient to present day. I found the metal art the most interesting thing there. The artist uses small pieces of metal to create a replica of an animal that has anatomically imitated movements of the real animal, even the mouths move correctly. I also found a tie to justice in the Edo era of Japan. Shoguns gave rule to lords in order to enforce laws. The third exhibit was the Islamic World exhibit. This exhibit was mostly to show the culture of Islam, There was mostly art and history of the spread of Islam across the world. However they did have a Qur’an and Hadith which are the Islamic holy books where sharia law comes from.

Later that night we went on a Jack the Ripper tour. It was an interesting tour however I think the thing that made it fun was our tour guide. He was very entertaining and I felt kept everyone’s attention with how animated he was. What is interesting about the tour that is criminal justice is that photography was used to document the murders. This is a practice used all over the world especially in the United States and England.

           Did the Code of Hammurabi influence English law in the past and present? I will look this up t find the answer.

May 20th 2017

• Crime and Punishment Tour
• Imperial War Museum

Today we went on a crime and punishment tour. Where we learned about the various crimes in the City of London and how these crimes were punished. There were some very brutal punishments involved with crimes that would not be considered punishable by death in present day. Some of these crimes were forgery and fraud in the banking industry. These crimes were punishable by death, because crimes involving the money of the king and his country were a serious offense. It would seem that England focused mostly on deterrents for crime by harsh punishment. One man who forged coins had a punishment of being boiled in oil. This is different in the United States; we have never had such a brutal punishment. However, this is due to the relative fact that the United States is a new county. In the United States still has capital punishment and England does not it is focusing more on restorative justice.

While at the Imperial War Museum later in the day I went through the World War I exhibit and learned a bit of history about how horrific that war actually was. One of the more interesting parts was the interactive walk of going through a replica trench where the museum used sound and projection to immerse the patrons. Another interesting exhibit was the Secret War exhibit. This exhibit gave information about MI5 which is England’s National security service that deals with national security inside UK borders. It also explained MI6 which deals with business outside the country.

Is restorative justice in England affective? I will have to look up some research articles to answer this.