# American Legal Terms in British Legal System... **URL:** \ **Category:** Factual Questions\ **Created:** [October 14, 2009, 9:50pm UTC](https://boards.straightdope.com/t/american-legal-terms-in-british-legal-system/513840 "2009-10-14T21:50:52Z")\ **Posts on this page:** 7\ **Page:** 3
**Author:** ![shefDave](https://avatars.discourse-cdn.com/v4/letter/s/77aa72/32.png) [@shefDave](https://boards.straightdope.com/u/shefDave)\ **Post date:** [November 15, 2009, 7:17pm UTC](https://boards.straightdope.com/t/american-legal-terms-in-british-legal-system/513840/41 "2009-11-15T19:17:15Z")
> [@AK84](#): > > Very few, the vast majority of crimes are stautory. Even so many of the older crimes, such as murder and theft, statute merely restates the common law in many cases. Murder is still a common law crime in England & Wales. ---
**Author:** ![Elendil\_s\_Heir](https://avatars.discourse-cdn.com/v4/letter/e/7cd45c/32.png) [@Elendil\_s\_Heir](https://boards.straightdope.com/u/Elendil_s_Heir)\ **Post date:** [November 15, 2009, 7:20pm UTC](https://boards.straightdope.com/t/american-legal-terms-in-british-legal-system/513840/42 "2009-11-15T19:20:36Z")
> [@Wendell\_Wagner](#): > > There’s an episode of _Law and Order_ …Adam Schiff, McCoy’s boss, is amazed because McCoy has managed to get around double jeopardy. Is this realistic? Yes, it can be. Meet Harry Aleman: [Harry Aleman - Wikipedia](http://en.wikipedia.org/wiki/Harry_Aleman) ---
**Author:** ![The\_Stafford\_Cripps](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/the_stafford_cripps/32/7167_2.png) [@The\_Stafford\_Cripps](https://boards.straightdope.com/u/The_Stafford_Cripps)\ **Post date:** [November 15, 2009, 8:49pm UTC](https://boards.straightdope.com/t/american-legal-terms-in-british-legal-system/513840/43 "2009-11-15T20:49:08Z")
> [@Rayne\_Man](#): > > The arrested person is told this:- > > \*You do not have to say anything, but it may harm your defence if you do not mention when questioned something which you may later rely on in court. Anything you do say may be given in evidence > \* Scotland still uses the old caution, missing out the bit between ‘but’ and ‘court’. ---
**Author:** ![The\_Stafford\_Cripps](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/the_stafford_cripps/32/7167_2.png) [@The\_Stafford\_Cripps](https://boards.straightdope.com/u/The_Stafford_Cripps)\ **Post date:** [November 15, 2009, 8:54pm UTC](https://boards.straightdope.com/t/american-legal-terms-in-british-legal-system/513840/44 "2009-11-15T20:54:38Z")
> [@Waffle\_Decider](#): > > The normal advice given to people in the US is that if you have been arrested by the police, you should not say anything (other than basic questions about your identity) until you have talked to your lawyer. In Scotland you may not get the chance to speak to your lawyer. You are very unlikely to be allowed to have one sit in on your interview - it’s not a protected right. But in Scotland ‘arrest’ means something different - once you’ve been arrested the police have to charge you and can’t interview you any further. Up til that point you will have been ‘detained’. ---
**Author:** ![The\_Stafford\_Cripps](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/the_stafford_cripps/32/7167_2.png) [@The\_Stafford\_Cripps](https://boards.straightdope.com/u/The_Stafford_Cripps)\ **Post date:** [November 15, 2009, 8:58pm UTC](https://boards.straightdope.com/t/american-legal-terms-in-british-legal-system/513840/45 "2009-11-15T20:58:21Z")
> [@AK84](#): > > Very few, the vast majority of crimes are stautory. Even so many of the older crimes, such as murder and theft, statute merely restates the common law in many cases. AFAIK murder, rape, assault, theft, robbery, Breach of the Peace and various others are all common law in Scotland. ---
**Author:** ![matt\_mcl](https://avatars.discourse-cdn.com/v4/letter/m/7ab992/32.png) [@matt\_mcl](https://boards.straightdope.com/u/matt_mcl)\ **Post date:** [November 15, 2009, 11:34pm UTC](https://boards.straightdope.com/t/american-legal-terms-in-british-legal-system/513840/46 "2009-11-15T23:34:18Z")
There are many terms that are very different between the US and Canada too, to the confusion of those Canadians whose understanding of the law comes from TV shows. For example, we do not have a crime called “rape.” The crime in Canada is sexual assault, whose definitions in aggregate are broader than the US definition of rape, if I understand correctly. We also do not call it “statutory rape” but sexual interference. ---
**Author:** ![AK84](https://avatars.discourse-cdn.com/v4/letter/a/85e7bf/32.png) [@AK84](https://boards.straightdope.com/u/AK84)\ **Post date:** [November 16, 2009, 4:58am UTC](https://boards.straightdope.com/t/american-legal-terms-in-british-legal-system/513840/47 "2009-11-16T04:58:00Z")
> [@shefDave](#): > > Murder is still a common law crime in England & Wales. You are right, my bad. Cokes defination is still the one used. [Previous page](https://boards.straightdope.com/t/american-legal-terms-in-british-legal-system/513840.md?page=2)