Just before the proceedings started, the Detective-Sergeant in charge of the murder investigation provided me a short summary of the facts of the case: Two young men, both age 15 at the time of the crime, were charged with the stabbing death of one Shaquan Fearon on September 3, 2015. Just after 6:00 pm on that date, Scott and Dyer attacked Fearon and his companion, Junior Inneh, stabbing both, and killing Fearon.

Everyone has seen an American courtroom on television or in the movies. And, we have seen American lawyers walk freely about the courtroom, sometimes standing right up next to the witness. English Barristers never walk around the courtroom, and never move up next to a witness. Therefor, it should be no surprise that English courtrooms differ in many ways from American courtrooms.

We entered Courtroom No. 9 from a foyer on the third floor reserved for Barristers, witnesses and court personnel. Members of the public who wished to observe the proceedings could access a viewing gallery from the fourth floor. This prevented the general public from mingling with the court officials and witnesses. In an American courtroom, the public, the parties and the court personnel all congregate together.

As we finished our coffee, Sarah Whitehouse, my sabbatical facilitator, said it was time to go to court. We fetched our umbrellas and headed off to the Central Criminal Court located in the famous courthouse, The Old Bailey.

The Old Bailey is a venerable building. The site on which it stands was the principal west gate of the Roman City of Londinium. At the time of the Norman Conquest, circa 1066, the gate was being used as a prison, and during the 12th century the gate was rebuilt, and renamed the “New Gate.”

Early morning rain was falling steadily from the gray London sky as I made my way to the Holborn Street underground station. It was the first day of my sabbatical, and I was keen to make the most of it. I got off the train at St. Paul’s and made my way to the barrister’s chambers at 21 College Hill. As I stepped through the door, I was met by a clerk who took me directly upstairs to the Board Room, and introduced me to Sarah Whitehouse, QC (Queen’s Council), the English barrister who had graciously agreed to facilitate my sabbatical.

Barristers are specialists in courtroom advocacy. They practice independently, but generally form together into “chambers,” similar to an American law firm, except each barrister practices independently. Unlike in America, barristers in the same chambers may represent clients opposed to each other in court.

First, some history to give perspective. We owe much of our Anglo-American legal system traditions to two important people: King Henry II of England and Pope Innocent III.

Henry II reigned from 1154 to 1189. These were turbulent times in England, and Henry worked to consolidate government. Previously, England had many local courts with varied legal traditions, which led to inconsistent legal results. In 1176, Henry dispatched a group of royal justices to visit all the counties of England to establish a common law of the land, and to consolidate the administration of justice. Thus, Henry II is regarded as the founder of the Common Law, which the English colonists brought to America.