Thursday, November 21, 2019
Compare the criminal justice system of the United States with England Term Paper
Compare the criminal justice system of the United States with England in their handling of cases of domestic violence, rape and - Term Paper Example The justice systems employ a punitive system that utilizes a court system, police and regional prisons. England and the United States are home to some the best justice systems in the world. Both countries have justice systems that aim at controlling crimes against women. The two systems seem similar on the surface, but have obtrusive differences when analyzed critically. The following report is a comparison of the justice systems of the two countries, their similarities, differences, as well as the efforts that each country has put in place to put an end to such crimes. Introduction to Justice Criminal Systems There are numerous types of criminal justice systems around the world, all aimed maintaining peace and order in their jurisdiction area. These justice systems forces individuals to abide by law in an attempt to deter them from disrupting peace and order. The systems achieve this by pressuring the individuals with the notion of punishment, which is either punitive or rehabilitat ive1. All criminal justice system is divided into three main parts; policing, courts and corrections. Policing refers to where the investigations are held, the courts are where judgment takes place whereas correction is where correctional authorities overlook the punishment passed in the courts. Every nation state varies in the criminal justice system that it employs on various issues such as rape, abortion and violence. This paper seeks to compare the systems of criminal justice in the US and the UK on the issues of domestic violence, rape and abortion. Globally, women have the right to undergo the justice system whenever they face sexual assault or even rape. Additionally, such women have the right to be safeguarded by the law and be offered any payment for the harm done to them by the offender2. In America, rape is regarded as the climax of any sexual offence and it is punishable by the laws of the land. This law of rape was adopted by the US colonies in the 17th and 18th century . However, each state in the US has a different definition of what rape is. All the states agree that when a man coerces a lady to have sex with him without her agreeing to it, then that may be deemed as rape. Currently, diverse states have been able to pass various laws of reform on what rape is. For instance, they have made the rape law to consist of certain occurrences that are nonconsensual, that need no coercion. Furthermore, marital rape has been included in the state laws3. Additionally, the laws state that any sexual activity performed on a child is rape. According to the law, any girl who is from the age of 14 to 18 that is coerced to have sex may file for rape. This is even in instances whereby the girl has agreed to perform the sexual act. Rape also may be charged on a person who has intercourse with a woman who is considered by the law to lack the ability to consent to the act. For example, in instances where the individual is drugged, mentally handicapped or even drunk. In most American states, rape shield laws have been enacted to safeguard the victims from the emotional trauma that may occur especially during court questioning on their sexual history. This is because most witnesses feared being put down and were demoralized from whether reporting rape or pursuing the charges. Hence, on a federal level, the American Congress passed Rule 412 of the
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