Jennifer's Journal

Saturday May 20, 2017

This morning we took a free Crime and Punishment Tour and then later this afternoon we visited the Imperial War Museum.    I was unaware until this trip that London had been bombed in WWI as well as WWII. The holocaust portion of the museum was very good.  I visited Auschwitz in 2005 and it is a somber place where up to 1 million people were murdered.  A truly shocking number.  At the end of the museum exhibit, there was a display of Nazi war criminals and I was astounded to learn that many were not apprehended and if they were not prosecuted.  Several were only given three or four years in prison.  On the crime and punishment tour,  we learned about Ann Hurle, who was executed for a £500 forgery in 1804.  She was an educated gentlewoman so her crime and sentence made the headlines.  Unfortunately, her execution was botched when it took her two or three minutes to strangle/hang.  We heard that the punishment for coin forgers was especially harsh as they would be sentenced to be boiled in a vat of oil.  We visited Saint Sepulchre without Newgate were resurrectionists would dig up the newly dead and sell the bodies to surgeons, but the going rate was so good that some of them started murdering themselves.  One pair was Burke and Hare who murdered 16 people in Scotland and inspired the London Burkers who drugged and killed lodgers.  This type of crime went away when they increased the penalties and held the surgeons liable.  Luckily medical science no longer has need of newly buried bodies.

Friday May 19, 2017

Today we visited the British Museum which was established in 1753, before the United States was a country.  I did not find much criminal justice related but I did ponder that the British empire had fairly well looted the antiquities of a lot of the world (but I am sure they had permission).  My classmate Jason, found an antiquity that was an original relic for the biblical term “eye for an eye.”  Later, we took a Jack the Ripper tour in Whitechapel, East End London.   Times were pretty hard in the East End at the time of the gruesome murders, and the area was overcrowded slums.  Many people were homeless and starving on the streets.  Crime was widespread and people were much worse off than they are today.  Women had no means of supporting themselves and were forced to the streets as prostitutes.  Through August and November 1888, the murderer who became known as Jack the Ripper terrorized the streets of London and was responsible for seven very gruesome murders.  The police were helpless and received heavy criticism.  No one was ever apprehended and the legend lives on.   Unsolved crimes and cold cases also garner a lot of attention in the United States, if perhaps not quite as infamous as Jack the Ripper.

Thursday May 18, 2017

We had some free time today and more time to reflect on yesterday.  We had visited the City of London Police Museum and took a walking tour in the rain.  One very interesting part of the museum and walking tour was the exhibits and discussion about communication.  In the early days of the police force all they had were rattles to use to make noise and call other officers to your location.  By about 1960, they used the first “pocket sized radio” which had a wrist watch attached that could be turned on if the policeman wanted to make secret recordings.   The museum exhibit noted that in 2005, they issued new radios which were digitally encrypted so that the public cannot listen in or scan police channels.  We also met Tracy who is a forensic supervisor for the City of London Police.   She told me that 80-90% of their “forensic” evidence collection is in the form of electronics.  She explained that they established a national DNA database in 1995, and within a year were taking DNA on every person arrested by their department.  She said they were doing this until 2012 when they were then told that they had to remove anyone who was “exonerated” from the DNA database and have removed a million people.  This is similar to Federal law in the U.S.  In the beginning of DNA collections,  it was just those convicted of violent crimes who were subject to providing DNA, then it was all persons who had been convicted and more recently it is anyone who is arrested.

Wednesday May 17, 2017

Today we visited the Foundling Museum, and learned about the Foundling Hospital for orphans established in 1739.  It was a rather sad visit.  Children were taken to the hospital for a variety of reasons.  For example, because they were born to unwed mothers or because their parents could not care for them.   Some children were left there because they were very ill, and the Hospital provided medical care and had some good Doctors as Governors overseeing the care of the children, or at the very least the Hospital would provide the child a decent burial.  One child was taken there because his father had been sentenced for stealing coal (probably because they were too poor to afford to heat their home sufficiently as well as feed the family), and transported for 7 years (transported usually meaning they were shipped to Australia), and her mother could not care for the girl on her own.    In 1759, Ann Costley an unwed mother brought her two week old son to the Hospital and left him with a gold shirt buckle to identify him.  One year after leaving her son, she petitioned to get her son back, and had to pay a deposit of eight guineas with an agreement to pay the costs of his care, whether he was alive or dead.  Her son had died just 10 weeks before she came to claim him.   The gold shirt buckle is among the tokens on display adding another element to the sad story.    An employee of the Museum informed me that the Hospital was not socially accepted in the 1700’s. The whole idea was frowned upon. If there was a place for unwed mothers to take their babies they would be irresponsible and continue to have more.

Tuesday May 16, 2017

Today we went to the Old Bailey in the morning.  There was a magnificent old Rolls Royce parked outside the non-public entrance.  The public was not allowed to take cameras or phones into the Central Criminal Court, this was different than the Magistrates Court and rules also differ from Court to court in the U.S.  The first case we saw was a rather dry argument about trial witness testimony that had happened days before.  The defendant was being charged with Solicitation of Murder, where apparently he was trying to hire a hit man to kill his wife and the last one he tried to hire was an undercover police officer.  We also heard jury instructions given by the Judge to the jury in the trial of a Mr. McDonald.   He was charged with inflicting grievous bodily injury and having an offensive weapon in a public place.  This defendant also testified in his trial which seems to be a more common thing here than it is in the U.S.   Mr. McDonald’s defense was that he picked up the knife after it was dropped by the victim, and he ran into it, slashing him under the arm pit.  The Judge instructed the jury as to the law – that one may only use the amount of force that is reasonably necessary in the case of an imminent attack and that one cannot lawfully carry a knife in England for general defensive purposes.  Interestingly, because the jury was being asked to decide whose story was more believable, they were allowed to hear about the criminal record of the defendant as they were deciding who the aggressor was.  They were told that his behavior in the past does not in and of itself prove whether he committed this crime but could bear on his credibility.

Monday May 15, 2017

Walking around town today I started to notice rather large, study bike locks and chains to deter thieves.   We met with two female “Met” officers, Susan and Tara.   They said that one of the biggest issues in policing today is the issue of public perception, that the media will report after someone is acquitted to in Court that the “police let them off”.  They mentioned that they were frustrated that they spend a lot of time working on a case and then when it gets to court it does not go anywhere.  They also do not meet with Crown Prosecution Service (CPS) face to face.  Rather, they submit their case investigative materials online.  Much of their time is spent doing social service type of work or referring people to other community resources for mental health, etc.   In their Borough (Lewisham), all officers have been given body cameras which have cut down on complaints.   The policing system really seems to emphasize individual rights and limit policing powers.  They are able to stop and search people if they have a particular articulable set of facts (that rises above a level of mere suspicion), that the person has committed a crime, or is in possession of a weapon.  They must match the description of a suspect called into police or the police must have observed signs and symptoms of drug use before they have enough grounds for searching the person.  This is likely similar to what we call a “Terry” frisk (named after Court case) in the United States.   Officers in England are only allowed to use force under extraordinary circumstances, as it appears they are directed to deescalate situations to the extent possible.  Officers carry an expandable baton and a chemical spray.  I found this interesting because in my job, as a federal probation officer I am authorized to carry a firearm in the field even though I am not a peace officer.   We carry concealed and for defensive purposes. Under statute I have quasi federal law enforcement authority but I do not do my own arrests.  I also carry handcuffs to detain people long enough for law enforcement to arrive or to perform a pat down search.  I learned that 30% of metropolitan police officers are female. I found this number promising as female law enforcement officers are outnumbered by male law enforcement officers in the United States.

Sunday May 14, 2017

Today I bought a book titled “London Underworld, Crime and Punishment in the Capital City.”  It’s a book about the Tyburn executions, the age of highwayman in England, gangs of the 1950s and 1960s, mobsters, and some sensational trials.  I also spoke to a bartender who was a recent immigrant to the UK.  He is a citizen and national of both Hungary and Romania.  After working in Romania until he was 22, his mother bought him a ticket to London last summer.  With 2 weeks notice, he was able to get work visa and got a job in the kitchen of a hotel shortly after he arrived.  He said that he does not think there is “much” crime here but there is some property crime.  His roommate told him not to bother buying a bicycle since he has had bicycles stolen from him 27 times over six years whilst he worked at bars, coffee shops etc.  This young man said he earned about 10 pounds an hour in wages plus tips.   One the way back to our hotel, a festival was letting out and the local neighborhood people were dressed up.  We are staying in a diverse community and many of the people seem to be from ethnic minority groups. I then recalled that the Magistrate Judge and the court we attended mentioned that they have some language and cultural barriers that they encounter with immigrants from Bangladesh.  I would like to know more about what steps the criminal justice system takes to be culturally sensitive to members of minority groups.

Saturday May 13, 2017

I went to Stonehenge and heard about how the stone age people who lacked tools were able to gather stones and transport them from wales, chiseling away at them over 30 years before placing them in the stone circle.  The stones mark the angle of the sun at winter and summer solstice.   Celtic priests called Druids may have practiced animal sacrifice there.

I will reflect on more material from Friday since we covered quite a lot.  We learned that debtors prisons were outlawed in the 1870s.   Prior to that time, people could be forced to go to prison if they could not pay their debts.  We walked by the Crossbones graveyard on the Southbank of the river Thames, in the Borough neighborhood.   The graveyard was for medieval sex workers who were excluded from Christian burial and piled on top of one another.  Ironically, while visiting the Clink Museum we learned that some of the women were employed in the brothels or stews that were licensed by the bishops of Winchester (the Winchester Geese).   A paper outside the crossbones graveyard said that when the land was dug up to build an electricity substation, the city found that at least 60% of the skeletons were “children,” although that could mean 16 or 17 years old.  At the Clink prison we learned that some of the prisoners were imprisoned for practicing the catholic religion, after it became illegal.

Friday May 12, 2017

Today we observed court proceedings at the Thames Magistrate Court, toured some areas of the South Bank area of London, and visited the Clink Museum.    There were two duty solicitors in the court room, a crown prosecutor, courtroom clerk, a probation officer, and three lay magistrates sat the bench.  The first case we observed in the Thames Magistrate Court was a black man who was accused of stealing chocolate bars from Tesco Express.  He was there on a first appearance and was jailed overnight.  He did not appear to be very lucid and he was noted to be homeless. The defense attorney explained that he had been diagnosed with Schizophrenia and was falling asleep because he had not received his medication.  It was not entirely clear if he understood the Court proceedings and he pleaded guilty to a theft offense.  He was given a sentence of one day jail, which amounted to time served and court costs. The second case we saw was an either way offense (spelled offence in England), and the Magistrates elected to keep it in their Court and then gave the offender the choice to have the case heard in crown court (he chose to stay in Magistrate Court).   He was charged with at least seven car burglaries.  We got to hear a bail argument from both parties (defense and prosecution).  The Judges decided to hold him until his trial in a month, based on the length of his criminal record, the fact he is a drug user, and other factors.   It appeared to me there were a number of similarities between the U.S. criminal justice system and what we saw today.  The parties that were in the court room were familiar to me and the probation officer spoke to the Court when asked about what they could offer the homeless, mentally ill offender. Both of the accused people appeared to be more of a nuisance than a real danger.   Although we heard from probation services on the first case and they seemed to be familiar with him, the Court did not spend much time on his case.  It seemed they wanted the case to move forward expeditiously and not spend court resources attempting to assist that offender.  I would guess that was because he was there on a petty crime and even though he is homeless and mentally ill, there is only so many resources to go around.  His attorney said that he was unable to apply for benefits because he lacks a fixed address.   Mentally ill people in the U.S. applying for Social Security benefits encounter the same barriers.    Ending the session in the Court, I wanted to know more about the workload of the Court as it seemed a bit disorganized and busy.

Thursday May 11, 2017

Today we met a lay Magistrate and went to the British library.  I learned that the philosophy of having volunteer Magistrates is to bring local justice to local people.  Magistrates are not required to have formal legal training but do sit with a legal advisor.   Approximately 95% of cases are heard in Magistrate Court.      Sentencing is based on a sentencing guideline system like in the U.S. Federal system where I work.  In the U.S. we established federal sentencing guidelines in 1987, but in the U.K. they were established more recently.  The Judge is not required to follow the sentencing guidelines. Sentencing is based on overall culpability with reductions given for pleading guilty.  Those that plead guilty at an early stage are given more of a reduction than that that plead on the eve of trial.  A probation officer can prepare a report to assist the Court with sentencing factors.  The Crown Prosecution Service provides the Court with information about criminal history.   All cases, even those that will eventually go to Crown Court are initially heard in Magistrate Court and Magistrates decide whether or not to allow bail.  The most common offenses are drug offenses, domestic abuse, theft, shoplifting, drunk and disorderly etc.  I found that the information that I received about how courts operate to be very similar to my experience with how Courts operate in the U.S.

Wednesday May 10, 2017

Today we discussed the organization of government and the political system.   Westminster Abbey has been the site of every coronation of the English Monarch since 1066.  In England there is no separation of church and state, and the monarch is the head of state and the head of the Church of England.   The Parliament Building as it looks today is built to resemble the gothic style of Westminster Abbey.  The building is officially the Palace of Westminster which was built during the reign of St. Edward the Confessor (an English King who was canonized).  A fire destroyed all but the Jewel Tower in 1834.   The Queen opens the parliamentary session.   Although in many ways the English are considered less religious than the United States, there are interesting ways that the Church is woven into government.  The House of Lords (the upper chamber of Parliament, has 26 senior members of the Church of England (bishops and archbishops).  The Supreme Court for the UK was only created in 2009 and does not have the authority to declare any law unconstitutional.  Parliament cannot be challenged.  Handguns are completely illegal in England.  Very few police carry guns as the consensus is that they do not want to raise the level of escalation.  Police issue a type of warning like in the United States which informs an accused person that they do not have to give a statement, but if they do not give a statement and later provide in-court testimony they can be cross-examined about why they did not give this statement at the time of arrest.   I would like to know more about the IRA and the attempted bombing of 10 Downing Street.

Tuesday May 9, 2017

Today we heard from Kath Scanlon at the London School of Economics who provided an overview of London and the system of government.  We also took a tour of Legal London, including the Inns of Court and the Royal Courts of Justice.    One unique feature of the criminal Justice system in England and Wales is there is only one system – i.e. one court, prison and probation system for the Country.  After studying the same basic legal education as a solicitor, a barrister must join one of the four Inns of Court and continue their education, visiting at least 12 times for “qualifying sessions.”  Solicitors and Barristers work together to provide legal defense for their clients but Barristers are the only ones with the right of audience in higher courts.   We heard the oral reading of a decision on a criminal appeals case.  I learned that the prosecution can appeal the sentence (at least in certain cases), and judges like to use the term “whilst.”  The sentencing judge takes a number of aggravating and mitigating factors into account when determining a sentence, for example whether a defendant has accepted responsibility, the nature and circumstances of the offense, and the characteristics of the defendant.   Unlike the U.S. Court system, it appeared that the appeals court can substitute their own sentence.  In the U.S. the higher court overturns the sentence and generally sends the case back to the lower court for resentencing.  Much of the system of law in the United States originates from English common law, including the role of juries and the writ of habeas corpus.  I learned that the UK had the death penalty until 1964 and then there was a temporary moratorium.  Eventually the death penalty was completely abolished.