Americans following the trial in England of Prince Harry versus the publisher of the British tabloid Daily Mail may be surprised how juries are selected, witnesses are prepared, and other differences between trials in the U.S. and England.
Several are outlined in a new book — An American Yankee in King Alfred's Court — written by University of Dayton School of Law Professor Emeritus Dennis Turner who spent two sabbaticals embedded with English barristers, commonly known as lawyers in the U.S. The book, due out in soft cover Feb. 4 and on Kindle Feb. 11, provides readers a front-row seat to British legal culture many know only from television.
For example, there is no questioning of potential jurors in England. The 12 that start the trial are usually the 12 that end the trial. A unanimous verdict is not required in criminal cases as it is in the U.S.
"If the judge finds out the jury can't come to an agreement, or there's a holdout, and the judge wants to move the trial along, the judge will give instructions that, if 10 of them agree on the verdict, that will be enough," Turner said.
English barristers, who defend and prosecute cases in England, don't prep witnesses, either, according to Turner.
"You can't sit down with your witness before they testify and go over your questions and their answers. You can't prep them to say something differently, like directing a play. It would be considered malpractice in the U.S. if you didn't talk to witnesses and rehearse your questions and the witness' answers before trial," Turner said. "In England, it's unethical to do that. Barristers believe witnesses appear too scripted and are less believable."
In the U.S., defendants have the right to remain silent and not testify, but defendants in England who don't testify take a grave risk. Turner described how the prosecutor can say "There are just 10 steps from where the defendant is sitting and the witness stand. If the defendant made that short journey, I am sure they would be able to answer some of the many questions I would have for them, and questions members of the jury would have liked to ask. But they are not taking those 10 steps."
"The defendant is toast either way. If a defendant does not testify, he gets the 10-step speech. If he does testify, he is usually skewered on cross examination," Turner added.
British judges, unlike American judges, will intervene routinely during the trial, even without a barrister making an objection, according to Turner.
"The judge will say, 'Stop. Don't go there.' British judges also sum up the evidence at the end of the trial in addition to boilerplate jury instructions. They might go on for several hours. Some judges even use it as an opportunity to put their thumb on the evidentiary scale," Turner said.
Turner's inspiration for An American Yankee in King Alfred's Court began when Turner's British barrister colleague, Geoffrey, told Turner he was nearing the end of his life. Turner transformed his journal entries from his two sabbaticals in England into a work of literary nonfiction, using his relationship with Geoffrey — who is referred to in the book as "Giles" — as the centerpiece.
The book frames differences between U.S. and British criminal practice through the human story of Turner's relationship with Geoffrey, who died in March 2025, despite cultural and personality contrasts.
Labeling the book literary nonfiction gave Turner the narrative flexibility to fictionalize identities and conversations while preserving the factual integrity of cases and complying with Britain's strict privacy laws.
For interviews, contact Shawn Robinson, UD associate director for news and communications, at srobinson1@udayton.edu. For a review copy of the book, contact Turner at dturner1@udayton.edu.