What’s the difference between a barrister and a solicitor? At least fifteen UDSL students know the answer. Professor Dennis Turner led the group of students to Winchester, England to compare British and American legal systems for two weeks in May and June on an inaugural trip for the School of Law.

Drawing on professional contacts of Turner’s from past sabbaticals, students participated in mini-pupilages with barristers, solicitors, and judges, traveling to London and Southwest England to meet with different legal professionals, visiting their offices, spending a day in court, and even sitting on the bench with a judge.

“They were very impressed with our law students and really rolled out the red carpet for them,” Turner said. “The high court judge happened to be in Winchester [on one of the day’s they were there] and held a champagne lunch in the judge’s chambers for them.”

UDSL students were housed in their own flats in Winchester, which is the ancient capital of England. When they weren’t busy studying comparative law, they took in some of the local sites, including the oldest active pub (opened in 1054) and the famous Winchester cathedral.

“It is beautiful and walking through it is like a museum; for instance, Jane Austen's grave is there,” said UDSL student Ashley Russell. “We walked all the way to the top. The stairs were very narrow and it was dark so you had to walk very slowly, but the view at the top of the cathedral was worth it; you could see the entire town and it was magnificent.”

But the purpose and highlight of the trip was the opportunity to compare British and American criminal law in depth. “It is our parent system, yet we are so very different on a number of levels,” said UDSL student Kate Hudson.

Turner said that examining a different country’s legal system is beneficial for American law students because it “opens their eyes to our system. It makes them appreciate its strengths but also helps them to realize it is not perfect.”

Turner said that his students were initially surprised by many of the differences between American and British criminal law, such as the lack of a jury selection process in England, and the more proactive nature of British judges.

“Their Magistrate court system is comprised of three volunteers and a legal advisor, whereas, the American system is comprised of only a judge,” Russell said as she described one of the differences. “The three volunteers hear the case and do the sentencing and the legal advisor is there to guide them through the process. However, it took some of our class by surprise because it is so different. Initially, it could easily be thought that the only reason a person would volunteer would be to get vengeance. But, it really just depends on the person.”

“Some of the differences really bothered the students at first, but then they would experience things that maybe started to change their minds,” Turner said. “The goals are the same – receiving justice – but there are many reasonable approaches to the same goal.”

“In the U.S. system there is more tension between the rights of the individual and the rights of the government,” Hudson explained. “The U.K. system focuses more on the dispensation of justice.”

Hudson said that the British barristers, solicitors, and judges had just as many questions for the UDSL students about American law as the Americans had about British law. She added that the questions required the students to really think about why American law is written and practiced the way that it is, and whether those practices are for better or for worse.

“Being an American, you take for granted first amendment rights and fourth amendment rights,” Hudson added. “With a warrant in the U.K., they can pretty much search whatever they want, which is a little scary, but that’s also a reactionary American response. They just have a different philosophical perspective.”

After their return to the states, UDSL students were required to do some additional thinking about the two systems of law – creating their ideal system by piecing together any combination of American and British laws, as well as Roman and Continental laws. The diverse food for thought seems to have created even bigger appetites for justice.

“It solidified my interest in the law and got me pumped up for my current internship,” Hudson said.

I would recommend this experience to anyone,” Russell added. “I hope Professor Turner decides to take students to Winchester again!”