¶ … Justice Systems
Britain's legal institutions have served long as American law's foundations. In framing American Federal Constitution, framers exaggerated British ideas of power separation in the government, drawing on Parliament enactments. For several years following the Revolution, U.S. courts looked to England's common laws for its rules of judgment. In intervening decades, English and American judges haven't been neglectful of their common custom- looking often to the other nation's legal doctrine development as a rich source of comparative study. This legal and spiritual kinship has, over time, been fostered by interchanges between England and America (Kaufman, 1980).
It follows that a profound commonality exists between the legal systems of Great Britain and America. America's legal structure, particularly what is referred to as the 'Common Law', has descended directly from the courts of England, mainly because of once being a British colony. Common law (or case law as it is alternatively called) does not arise from governmental authority, but stems from decisions on cases. If a law's definition is decided upon by a court, this definition is used as a standard in other courts for deciding cases (Kaufman, 1980; Oshundeyi, 2011).
One of the visible differences in British and American legal structures is that, in Britain, lawyers are not essentially called such. Lawyers in the U.S. can deal with any and every criminal and civil issue; while in Britain, most of the attorneys are either "Barristers" or "Solicitors" (Oshundeyi, 2011; Mazzacuva, 2014). The United Kingdom, which follows English legal structure, is among the three nations of the world which have divided their lawyers into barristers and solicitors. Being a barrister or solicitor in UK requires specific and different customs, traditions and training. Entering the profession of barristers requires prolonged, intensive dedication as well as extensive academic study for attaining the expert knowledge that the profession necessitates. Mostly, society refers to barristers as Court Advocates, as often, their work revolves around attending court and having competent client representation. Most barristers focus on advocacy; there are, however, some who are specialized in other law-related fields (e.g. company law, tax law, etc.), who seldom show up at court (OshundeyI, 2011).
Solicitors can handle a majority of legal issues, provide counsel, draft documents, and also represent clients in case of minor criminal problems. They are empowered with the authority of directly acting for clients. On the contrary, barristers are specialists in advocacy of trials and act for defendant/litigant in the High Court. They build the case, as well as argue before the jury and judges; however, they are not entitled to act on behalf of clients without the consent of the solicitor. They will, often, work in collaboration during crucial cases, where legal documents are managed, evidences prepared, and out-of-court negotiations during trial conducted by the solicitor (Oshundeyi, 2011; Parpworth, 2010).
In the U.S., rules that govern the criminal proceedings system are known. Prosecuting attorneys initiate every prosecution; these attorneys are autonomous, and free of police and the courts. Contrary to the American system's general procedural simplicity, some regulations are confusing, or more complex, as compared to those that govern British criminal proceedings' initiation. Private prosecution forms the underlying concept behind the British structure. Therefore, with a few qualifications, anybody in Britain can initiate a criminal suit against a suspected offender. However, this does not imply that English court dockets are packed with these kinds of prosecutions. The situation is quite the reverse; an average Briton is normally content with just reporting an alleged criminal offense to police, and leaving them to deal with the matter (Kaufman, 1980; Parpworth, 2010).
The prosecutor, in the U.S., is the one who bridges the chasm between the courts and police, exercising his autonomous judgment with regards to the need for instituting criminal proceedings for some particular case. The prosecutor plays a critical role in impartial justice administration, as a false decision for prosecution may be disastrous- for the justice system as well as the accused. The prosecutor's independence from government investigation organizations is contributory to the fair discharge of his responsibilities. However, in England, police make decisions for prosecuting in nearly every criminal case. Without criticizing British policemen's dedication, one should acknowledge that their participation in criminal inquiries prevents their unbiased evaluation of many considerations against and for instituting criminal acts. The U.S. prosecutorial system, admittedly, might not be the perfect example for the British to follow. Alternatives that are worth trying include adopting Scotland's Procurator Fiscal system, or extending the...
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