This chapter discusses the two major theories that are currently in use in international criminal law to address group criminality: joint criminal enterprise; and co-perpetration by control over the crime. Under these theories, each participant will be treated as a principal, provided that he played a sufficiently important role in the commission of the crime. Gradations of culpability may be taken into account at the sentencing stage. In addition, although joint criminal enterprise focuses on shared intention and co-perpetration focuses on shared action, the application of either theory will yield the same result in most cases. Indirect perpetration is then analyzed.
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9. Perpetration: in particular joint and indirect perpetration
Antonio Cassese, Paola Gaeta, Laurel Baig, Mary Fan, Christopher Gosnell, and Alex Whiting
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16. ‘Race’, ethnicity, and crime
Marian FitzGerald
This chapter begins by exploring notions of ‘race’ and ethnicity. It then provides some background on how particular groups have come to be defined as ‘ethnic minorities’ in Britain and what the official statistics on these groups say about the differences between them—with particular reference to known risk factors for offending. After outlining the history of these groups' relations with the police and public perceptions of their involvement in crime and disorder, it considers trends in the official statistics on ethnicity and offending. The chapter argues that criminologists must interpret crime statistics in the light of relevant criminological theories rather than giving primacy to explanations which treat the experiences of different ‘ethnic’ groups as if they were unique.
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7. Urban criminal collaborations
Alistair Fraser and Dick Hobbs
This chapter examines a range of criminological classifications for urban criminal groups, covering both youthful and adult-oriented collaborations. The chapter provides a critical overview of the following categorizations: gangs; subcultures; professional crime; the underworld; and organized crime. Debates relating to each are introduced. While criminological approaches to youthful groups have a clear history, from the ‘Chicago School’ to the ‘Birmingham School’, perspectives on adult groups are less solid and more interdisciplinary. In both cases, the chapter argues that criminological classifications have struggled to capture the complexities brought on by the changing nature of the urban political economy. The chapter concludes by introducing a critical perspective that problematizes criminological categorizations of urban criminal collaborations.
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26. Urban criminal collaborations
Alistair Fraser and Dick Hobbs
This chapter examines a range of criminological classifications for urban criminal groups, covering both youthful and adult-oriented collaborations. The chapter provides a critical overview of the following categorizations: gangs; subcultures; neighbourhood crime groups; professional crime; the underworld; and organized crime. Debates relating to each are introduced. While criminological approaches to youthful groups have a clear history, from the ‘Chicago School’ to the ‘Birmingham School’, perspectives on adult groups are less solid and more interdisciplinary. In both cases, the chapter argues that criminological classifications have struggled to capture the complexities brought on by the changing nature of the urban political economy. The chapter concludes by introducing a critical perspective that problematizes criminological categorizations of urban criminal collaborations.
Chapter
10. Genocide
This chapter focuses on the crime of genocide. The prohibition against genocide is now found in treaty and customary law, and is universally accepted as being an international crime ‘whether committed in time of peace or in time of war’. Genocide requires that a prohibited act is committed against a member of one of the protected groups, being a ‘national, ethnical, racial, or religious group’. The chapter first considers the definition of the protected groups. It then outlines the legal definitions of the prohibited acts; considers whether there is a ‘contextual element’ required as part of the crime of genocide; and examines the mental element of the crime of genocide and the role of the ‘special intent’ requirement.
