Joint criminal enterprise

The doctrine of joint criminal enterprise is in disarray. Despite repeated judicial scrutiny at the highest level, the doctrine's scope, proper doctrinal basis and function in relation to other modes of complicity remain uncertain. This article examines the doctrine's elements and underlying principles. It argues that while joint criminal enterprise is largely used to make individuals liable for offences committed by their associates in excess of the common criminal purpose, its proper function is to police the limits of associate liability and thus to exculpate rather than inculpate. The doctrine governs not only instances of accessorial liability; it also applies where the parties involved are joint principal offenders. As this puts into question the prevalent view that joint criminal enterprise is a form of secondary participation that results in accessorial liability, the article concludes that it is best seen as a doctrine sui generis.

Rights, the environment and Part V of the Criminal Justice and Public Order Act 1994

Using figures derived from the UK Home Office, this paper analyses and reviews the impact and deployment of Part V of the Criminal Justice and Public Order Act 1994 since its enactment. This is done with special reference to its impact on citizenship and the regulation of ‘the environment’ and associated rural spaces. It is argued that, notwithstanding the actual use of the public order clauses in Part V of the Act, its underlying meanings are largely of a symbolic nature. Such symbolism is, however, a powerful indication of the defence of particularist constructions of rural space. It can also open out new conditions of possibility, providing a useful ‘oppressed’ status and media spectacle for a range of protesters and activists.

Why is the global warming proceeding much slower than expected?

Upper air observations from radiosondes and microwave satellite instruments does not indicate any global warming during the last 19 years, contrary to surface measurements, where a warming trend is supposedly being found. This result is somewhat difficult to reconcile, since climate model experiments do indicate a reverse trend, namely, that upper tropospheric air should warm faster than the surface. To contribute toward an understanding of this difficulty, we have here undertaken some specific experiments to study the effect on climate due to the decrease in stratospheric ozone and the Mount Pinatubo eruption in 1991. The associated forcing was added to the forcing from greenhouse gases, sulfate aerosols (direct and indirect effect), and tropospheric ozone, which was investigated in a separate series of experiments. Furthermore, we have undertaken an ensemble study in order to explore the natural variability of an advanced climate model exposed to such a forcing over 19 years. The result shows that the reduction of stratospheric ozone cools not only the lower stratosphere but also the troposphere, in particular, the upper and middle part. In the upper troposphere the cooling from stratospheric ozone leads to a significant reduction of greenhouse warming. The modeled stratospheric aerosols from Mount Pinatubo generate a climate response (stratospheric warming and tropospheric cooling) in good agreement with microwave satellite measurements. Finally, analysis of a series of experiments with both stratospheric ozone and the Mount Pinatubo effect shows considerable variability in climate response, suggesting that an evolution having no warming in the period is as likely as another evolution showing modest warming. However, the observed trend of no warming in the midtroposphere and clear warming at the surface is not found in the model simulations.