Abstract

‘Joint enterprise’ is described as a ‘dragnet’ that draws disproportionate numbers of black and minority ethnic young men into the criminal justice system in England and Wales. While stereotyping by the police and prosecution has been blamed for this distributive injustice, empirical research on joint enterprise is limited. This article presents the findings from a study of homicide and ‘gang’ detectives in London in which they rebut accusations of racial stereotyping when investigating multi-handed crimes. Instead, they claim that the disproportionality reflects the involvement of larger numbers of primarily black men in violent crime. Using Margaret Archer’s social realist theory, detectives frame their actions as being driven by their ‘ultimate concerns’ to do a good job of protecting the public and obtaining justice for victims within the difficult social and cultural context in which they operate. However, in this article, we expose the racialized notions of risk in detectives’ narratives and argue that such ‘colour-blind racism’ is likely to contribute to young black and mixed-race men being overrepresented in cases that draw on the principles of joint enterprise dragging those on the periphery of group violence into the criminal justice net.

Highlights

  • Joint enterprise is the term used to describe a complex set of legal principles in English and Welsh law that allows more than one individual to be convicted of a single criminal offence

  • This critique has focused on the apparent disproportionate application of the doctrine in cases of serious violence involving black and minority ethnic young men (BAME) (Crewe et al, 2014; Hulley et al, 2019; Williams and Clarke, 2016), which in part has been blamed on racial stereotyping by the police (Williams and Clarke, 2016)

  • Despite scholarly arguments to the contrary, detectives in the study argued that research indicating disproportionality in the numbers of black and mixed-race prisoners convicted using the principles of joint enterprise was not due to ‘racialized stereotypes’ in policing and prosecutorial practice (Williams and Clarke, 2016), but was the result of higher numbers of BAME young men involved in serious violent crime

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Summary

Introduction

Joint enterprise is the term used to describe a complex set of legal principles in English and Welsh law that allows more than one individual to be convicted of a single criminal offence. We provide a nuanced analysis of the work of police detectives in this context to explore the ways in which their investigative practices may contribute to the disproportionate impact of joint enterprise on black and mixed-race men.

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