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Common Law Systems - England (From Major Criminal Justice Systems, P 46-63, 1981, George F Cole et al, eds. - See NCJ-86129)

NCJ Number
86131
Author(s)
J C Freeman
Date Published
1981
Length
18 pages
Annotation
This discussion of the criminal justice system of England and Wales considers substantive criminal law, criminal procedure, and the execution of penal measures (corrections).
Abstract
The section that provides general information focuses on the scope of criminal sanctions; a general description of the legal system; the amount, structure, and dynamics of criminality; and the structure and functioning of law enforcement agencies. In considering substantive criminal law, general principles of liability are outlined, followed by a classification of offenses, most notably the distinction between indictable and nonindictable offenses, with the former eligible for trial by jury. Various special defenses that may be used in criminal cases are described, and punishments and penal measures are outlined, from absolute discharge to capital punishment. Other topics briefly considered in the section on substantive criminal law are the age of criminal responsibility, the liability of corporations, the mental element in a crime, attempt and conspiracy, special categories of offenders, parole, and diversion. Subjects covered in the section on criminal procedure include phases of criminal proceedings, rights of the accused, juvenile courts, pretrial detention, and lay participation in criminal proceedings. The procedure for the execution of imprisonment is discussed in the section on corrections, and the administration and supervision of penal institutions are considered as well. Also considered are the security categories of adult offenders, types of penal institutions, the rights and duties of inmates, and the execution of noncustodial measures.

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