28 Jul 2022

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Criminal Justice in England

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Academic level: Ph.D.

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Country Analysis 

England's basic governing structure is a monarchy with a representative system since it is a United Kingdom member. From 1707, a time that the Acts of Union 1707, bringing the conditions of the Treaty of Union into effect, united Scotland and England to create the Kingdom of Great Britain, no English administration has existed. The monarchy and the English Parliament governed England before the union. While other United Kingdom nations have devolved governance, England is currently ruled solely by the U.K. Parliament. There are 532 English Members of Parliament in the House of Commons. 

The economy of England is one of the leading with a GDP of £28,000. The Exchequer's Chancellor is the Chief Executive of Her Majesty's treasury, responsible for financial and economic policies, developing and implementing them. It has adopted many free-market principles but retains an extensive social welfare system (Arestis, 2020). It is generally seen as a combined economic system. England's currency is the sterling pound, which has a GBP code. Taxation policies in England are correspondingly high in comparison with the rest of the world. Personal incomes are 20 percent higher than personal tax-free allowances on income and 40 percent higher than taxed incomes. 

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The U.K. economy, of which England is a part, has the 18th highest GDP globally and is the most significant share of the U.K. economy. England is a top producer in the pharmaceutical, chemical, and critical technological sectors, especially the aviation, weapons, and tech sectors industries. London stock exchange is the leading in Europe and the primary stock market in the U.K. (Fischer, 2015). London is Europe's leading financial hub and the second greatest in the global economy. Its second-largest city Manchester is becoming one of Europe's top technology centers. 

  England’s Foreign Policy 

In the Second World War, contemporary U.S.-U.K. ties were established. The Cold War consolidated it because both nations collaborated diplomatically with others to fight the danger of the Soviet Union and communism through the North Atlantic Treaty Organization (NATO) (Shifrinson, 2020). Both countries hold seats in the five-member permanent U.N. Security Council, and all are establishing NATO members. During the first Gulf War at the beginning of the 1990s, Britain was a vital U.S. ally. Both sides eventually collaborated to stabilize and preserve stability in the Baltic states. In the war in Iraq and ensuing stabilization campaigns, the United Kingdom was the top U.S. partner, the most significant contributor to NATO-led Afghanistan missions, and a leading actor in Libya's coalition operational activities in 2011. England has also been an important U.S. ally in the war against nuclear terrorism and Iran's burden. The USA and Britain have a comprehensive trading and strategic partnership that is mutually advantageous and is the primary international investor 

The United States and British government ministers collaborate on several world topics regularly and thoroughly. British and American officials report that they frequently look at one another first, like in the months following the September 2001 bombings against the United States, to create consensus for their various roles in international bodies organizations or periods of volatility. British contributions are sometimes quoted as a component in influencing the discourse on U.S. external policy (Vucetic, 2016). Some analysts argue that shared cultural and linguistic parallels and cooperative practices evolved across the decades, helping to facilitate the interaction between U.S. and United Kingdom policymakers. The word "specialties" is often used to define the high level of reciprocal confidence in cooperation on political and diplomatic matters between the two nations. The unique partnership also requires detailed intelligence-sharing agreements and specific nuclear and military collaboration. 

England’s Criminal Justice System 

Forty-three territorial police departments are operating in Wales and England, whose role is to register the incident if a victim or a third party is reporting a crime. The police also conduct an official investigation and determine whether or not a suspect could be charged. When a perpetrator is apprehended, and the offense is minor such that it does not cause physical harm nor warrants fines above £5,000, the police will charge it (Baker, 2019). Police will either take cases to court or settle them out of court with fines, neighborhood remedies, or warnings. In situations that the crime is extreme, police must request counsel from the CPS, who determines which cases to pursue, what charges to file, and how to plan the case for trial. 

The magistrates' court and the crown court are the two significant forms of courts. A magistrates' court hears all cases at first. Many cases are concluded at that level. However, the most severe ones, such as those that require a lengthy sentence, are referred to the crown court. Sentences are issued to defendants who have been deemed guilty of a felony. Few prisoners are fined; some serve a community service, including probation. Certain offenders are imprisoned, usually for a brief sentence. 

Wales and England have a constitution that is unwritten and not coded. The British constitution is a combination of the customs since the rule of King Henry I, precedent, and statutes. The 1215 Magna Carta, the 1688 Bill, and the 1700 Act reflect the three key statutes which describe British political and legal history (Baker, 2019). Government ministers or departments may enact delegated acts, usually as 'statutory instruments.' The Parliament, made up of the Monarch, of the Upper house and the lower house may reverse such laws, and courts may declare such annulments as being beyond the competency. Parliamentary acts can circumvent the provisions of common law and reject existing rights in principle. In realistic terms, courts will often delegitimize the Parliament's wishes in particular cases by using perverse interpretations. Subsequent acts prevail over previous acts. 

In all jurisdictions, including criminal courts, the law system of England and Wales is adversarial. The prosecutor must communicate to the defense's pertinent material, but the reciprocal defense obligation does not apply. The traditional origin in common law is based on the criminal justice system of Wales and England. In England, the courts extended, and the legislation evolved based on particular cases' rulings. Court rulings have affected the interpretation and laws of the law. This mechanism can be found from the fifth century, when citizens from the surrounding areas served as judges in legal proceedings, incorporating group perceptions. As judges visited court sessions from the ninth century, the regional generalization of common law rules became enhanced. 

The publication of judicial statements was critical in a common law legal system, and the first predecessor of the Law Reports written was circulated in 1283 (Baker, 2019). The English and Wales traditional juridical structures derive from the union Acts that brought the countries together. Although several means of categorizing offenses are available, they are widely defined by their gravity. Furthermore, crimes can be graded as per charges under which prosecution is taken to justice regarding prosecution in a magistrate court alone or compliance with the standard Home Office listing the most severe crimes, both in a magistrate court or the Crown Court. 

Following the scale of damage considered associated with its trafficking and use, the Misuse of Drugs Act of 1971, established for narcotics regulation, classified drugs such as Class A, B, or C. In this context, drug classification may be revised and new drugs classified. Flexibility is important to ensure the labeling of drug products is consistent with existing science and social opinions. The Abuse of Drug Act aims to control drug usage and flow. As a general principle, any prohibited drug is illegal to be manufactured or exported, produced, given, possessed, prepared, or grown. 

The Crime Scenario 

The scenario involved me using Chinese-made ransomware to target financial firms by holding their digital files at ransom. I would first make a list of target firms with large capitals but weak ICT systems in place. Thorough research enabled me to acquire this statistic, and, in the end, I came up with a list of 56 companies that fit the profile. I used LinkedIn and other professional websites to look for specific employees, especially company executives, to target exploitation. Using both social engineering and internet research, I acquired the professional email addresses of these individuals. 

Next, I set up a fake company website with very professional designs and outlooks. Integrated with this website, I developed a professional email system for more authenticity. I then sent emails to the individuals, with the subject being an invitation for an executive seminar on cooperating responsibility and global warming. The ransomware was designed to execute the exploit once the recipient opens the email. Next, the ransom where identifies specific files that contain data and financial information. The virus also spreads to other connected computers within the network of the organization. A poorly set up I.T. infrastructure will fully be compromised within one week, with the most critical files held to ransom. The users cannot access the files to read or edit, and the virus quickly recognizes similar files that are to use as backup and infects them. 

The goal was to force the organizations to pay between 10,000 to 30,000 pounds, depending on their scale and size. This information was to be passed to the attacked individuals through their email addresses. The threat was to permanently delete the files and expose to the public other confidential files if the organization refused to comply with the demands in three days. Out of the targeted 56 companies, the ransomware managed to intrude into 17 companies successfully. Five companies agreed to pay the money to be transacted through bitcoins while three were trying to negotiate; the rest kept silent. I received payments for the five and stepped-up pressure on the rest. 

I carried the entire operation for two months since the first day I arrived in London, from research to sending the exploits. On the third day after sending the exploits, I received a knock on my rented hotel room in London. Once I opened the door, three men sprung on me and pushed me to the ground stating I was under arrest for online financial fraud through technology in breach of the Computer Misuse Act 1990 (CMA). I was handcuffed and taken to the police West Hampstead Police Station. I was charged with breaching Section 1, Section 2, Section 3, and Section 3Z of the Computer Misuse Act. Specific offenses included computer intrusion, unauthorized alteration of data, and causing electronic disruption. 

I was placed in a detention facility where I was interrogated for about two hours by the London Metropolitan Police without a lawyer's presence despite my numerous calls for one. I was then interrogated by two immigration police who confiscated my passport and other travel documents for further investigations. The facility itself was small, and the ventilation was poor. However, the food I was offered was in proper condition. After about eight hours, I was allowed a lawyer who agreed to take my case. I also asked to call the American embassy in the United Kingdom to inform them of my arrest. 

Under common law rule, an individual's arrest should be expedited to take the individual to court as soon as possible. However, since I am a foreigner, I am likely to be detained for more extended periods than English citizens. Also, since my arrest was morning, I should have been taken to court on the same day, per the investigative procedures. Any arrested persons should not be held in detention for long periods for any discrimination reasons. This principle has not been the case for both ordinaries, the English and foreigners. 

An arrested person can be released on bail by the police. The police may submit a bail requirement for a person before the first appearance in court, according to the Criminal Justice and Public Order Act, 1994 (Levi et al., 2016). If the police may not offer bail, a quick appearance before a court hearing is required. The Bail Act of 1974 provides a presumption in support of bail. On strongly outlined criteria, such as a finding that a defendant will interfere with the judicial process or flee the country, the presumption of bail can be overruled. A magistrate's decision to suspend bail is subject to a restricted right of appeal. 

The Crown Prosecutor's Service examines the evidence and decides whether to pursue prosecution or not. I may be deemed guilty and convicted, acquitted, have the case suspended for up to six months, or released on a conditional basis on good behavior. Founded in 1988, the Serious Fraud Office in England and Wales can also investigate and prosecute severe and complex fraud. 

Analysis of English Criminal Justice System 

The crime rates went up sharply after the beginning of the 1980s when the criminal justice system was waving. The system of criminal justice had, in these years, not maintained a rate with the rise in crime or emerging forms of crime and crime (Kautt & Tankebe, 2011).  This output deficiency also helped to build a vicious circle. There were many factors for the rise of crime, but the fact that the criminal justice system was not successfully equipped to deal with crime or criminals was a significant underlying fact. Police have been relatively effective in apprehending suspects over the past decades. However, the prosecution has come under serious criticism, particularly in the high number of cases not pursued because of lack of evidence. Court cases also drag for long periods before the conclusion affecting both victims and accused. Overcrowding in prisons and reported inmate violence are some of the negative outputs of the system's prison component 

Also, criminal justice failure was not merely a matter of institutional incompetence. This, in turn, helped create public criticism and decreased belief in the criminal justice system. Crime and criminality reforms must be maintained in the criminal justice system as the larger structural reform problem.  The criminal justice system will be better modernized and 'capable of keeping pace with improvements in crime trends.  

Based on human rights, my treatment in England was moderate. My arrest was conducted with unnecessary force by physically wrestling me to the ground. Better approaches can be used to apprehend offenders and ensuring they are read their rights. The lengthy interrogations without an attorney in confinement without proper ventilation were also acts that infringed on my human rights and in breach of the law. However, I was not subjected to any torture and was afforded healthy food and water. Humane alternatives that focus on the rehabilitation of offenders will be more beneficial. 

The atonement of sin through sacrifice remains the focus of Biblical justice both in the Old “The chastening for our well-being fell upon Him, And by His scourging, we have healed” Testament (Isaiah 53:5). The sacrificing of the lamb to cleanse the sins and offenses of an individual, as stated in the Old Testament, is identical with the crucifixion of Jesus Christ for sins of humanity; “ Aaron shall bring the bull for his sin offering to make atonement for himself and his household, and he is to slaughter the bull for his sin offering ” ( Leviticus 16:11). The punishment of serious sins such as adultery and blasphemy by death in the Old Testament fulfilled the purpose of both deterrence and retribution. England's sentencing laws are designed to rehabilitate and deter future offenses. This factor of deterrence is a similarity in both criminal justice systems. The presumption of innocence in England's and other modern justice systems is different from the Biblical system, where an accused is presumed guilty and should prove their innocence. 

References 

Arestis, P. (2020). Productivity and inequality in the U.K.: a political economy perspective. Review of Evolutionary Political Economy , 1 (2), 183–197. https://doi.org/10.1007/s43253-020-00006-3 

Baker, J. (2019). The Common Law of England. Introduction to English Legal History , 15–43. https://doi.org/10.1093/oso/9780198812609.003.0002 

By His stripes, we are healed: Isaiah 53:5 . (1963). 

Ebeling, R. M. (2019). Liberalism, nationalism, and self-determination: Ludwig von Mises’s Nation, State, Economy after 100 years. The Review of Austrian Economics , 32 (3), 191–204. https://doi.org/10.1007/s11138-019-00448-x 

Fischer, S. (2015). The Federal Reserve and the Global Economy. IMF Economic Review , 63 (1), 8–21. https://doi.org/10.1057/imfer.2015.4 

John Knox Press. (2002). Leviticus

Kautt, P., & Tankebe, J. (2011). Confidence in the Criminal Justice System in England and Wales: A Test of Ethnic Effects. International Criminal Justice Review , 21 (2), 93–117. https://doi.org/10.1177/1057567711408084 

Levi, M. (2016). Assessing the trends, scale, and nature of economic cybercrimes: overview and Issues. Crime, Law and Social Change , 67 (1), 3–20. https://doi.org/10.1007/s10611-016-9645-3 

Levi, M., Doig, A., Gundur, R., Wall, D., & Williams, M. (2016). Cyberfraud and the implications for effective risk-based responses: themes from U.K. research. Crime, Law and Social Change , 67 (1), 77–96. https://doi.org/10.1007/s10611-016-9648-0 

Shifrinson, J. R. (2020). NATO enlargement and U.S. foreign policy: the origins, durability, and impact of an idea. International Politics , 57 (3), 342–370. https://doi.org/10.1057/s41311-020-00224-w 

Uddin, M. H., Ali, M. H., & Hassan, M. K. (2020). Cybersecurity hazards and financial system vulnerability: a synthesis of the literature. Risk Management , 22 (4), 239–309. https://doi.org/10.1057/s41283-020-00063-2 

Vucetic, S. (2016). British national identity and the Anglo-American special relationship. Journal of Transatlantic Studies , 14 (3), 272–292. https://doi.org/10.1080/14794012.2016.1200303 

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