Compare the U.S. Criminal Justice System to United Kingdom's (Britain) Research Paper

Compare the U.S. Criminal Justice System to United Kingdom's (Britain) Criminal Justice System - Research Paper Example The UK and the United States have extremely similar criminal justice systems, as well as extremely similar elements for a crime. This is because the American system is based upon the UK system, as both systems are based upon the common law. The criminal system is similar, in that, in both jurisdictions, there must be mens rea to be held guilty for a crime, in both jurisdictions a criminal may be exonerated for a crime, or at least held to a lesser standard, if there was sufficient provocation, and, in both systems, there is a thin or eggshell skull rule, although, in the United States, this rule is usually used exclusively for torts. These are some basic similarities to the elements for crimes in both jurisdictions. Beyond this, there are similarities in the systems themselves. Both systems treat mentally disordered offenders similarly, although England appears to have more options for this type of offender. In both systems, the victims ostensibly have rights, although these rights d o not seem to be enforced as much in England as they are in the United States. In both systems, there is some form of restorative justice or reparative justice, which means that the victim gets some type of compensation for his or her distress. American criminal law and English criminal law are very similar, because American law has, as its basis, English common law. Therefore, the elements for committing a crime would be similar in both countries. For instance, in both countries, there must be the proper mens rea that would have to be established for the crime.