van Sliedregt, E orcid.org/0000-0003-1146-0638 (2020) Joint Criminal Confusion: Exploring the merits and demerits of joint enterprise liability. In: Krebs, B, (ed.) Accessorial Liability after Jogee. Hart Publishing ISBN 9781509918904
Abstract
In February 2016, the UK Supreme Court fundamentally changed the criminal law principles of accessorial liability when it handed down its decision in R v Jogee. The Court abolished the head of liability known as 'joint criminal enterprise' (JCE) and replaced it with the ordinary principles of aiding and abetting, which it re-stated for this purpose. JCE features prominently in international criminal law (ICL) where it has an equally contentious status. The full implications of Jogee remain at present uncertain, underexplored and divisive.
In this chapter, I evaluate the merits and demerits of joint enterprise by comparing JCE in English law and ICL. A cross-jurisdictional analysis of joint enterprise reveals more deeply the role the notion plays in the overall taxonomy of criminal responsibility. There are different concepts of joint enterprise with different theoretical groundings. By not recognising this, past debates of joint enterprise liability have failed to appreciate the concept’s merits alongside complicity liability.
Metadata
Item Type: | Book Section |
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Authors/Creators: |
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Editors: |
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Copyright, Publisher and Additional Information: | This chapter is protected by copyright. Uploaded in accordance with the publisher's self-archiving policy. |
Keywords: | joint enterprise; Jogee; international criminal law; accessorial liability |
Dates: |
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Institution: | The University of Leeds |
Academic Units: | The University of Leeds > Faculty of Education, Social Sciences and Law (Leeds) > School of Law (Leeds) |
Depositing User: | Symplectic Publications |
Date Deposited: | 03 Jul 2019 15:24 |
Last Modified: | 09 Jul 2020 00:38 |
Published Version: | https://www.bloomsburyprofessional.com/uk/accessor... |
Status: | Published |
Publisher: | Hart Publishing |
Open Archives Initiative ID (OAI ID): | oai:eprints.whiterose.ac.uk:147726 |