Applying analytic reasoning to clarify intention and responsibility in joint criminal enterprise cases

This paper argues that both criminologists and lawyers need a far more philosophically robust account of joint action, notably as it relates to technical matters of intentionality and responsibility when dealing with joint criminal enterprise cases. Criminologists are often unable see beyond cultural explanations that are ill-suited to understanding matters of action. Law seems wedded to mystical notions of foresight. As regards the law there seems common agreement that joint enterprise prosecutions tend to over-criminalise secondary parties. This paper suggests that the current discussions around joint criminal enterprise will benefit from a critical engagement with analytical philosophy. The paper will examine a series of technical accounts of shared commitment and intention in order to explain the problems of joint criminal enterprise (multi-agent criminal activity).