RT Article
T1 Silence, joint enterprise and the legal trap
JF Criminology & criminal justice
VO 22
IS 5
SP 714
OP 732
A1 Hulley, Susie
A2 Young, Tara
LA English
YR 2022
UL https://krimdok.uni-tuebingen.de/Record/1818018373
AB The so-called ‘wall of silence’ presents a threat to successful police investigations and criminal trials. Explanations for it have focused on cultural narratives, including distrust in the police, a ‘no snitching’ culture and manipulative ‘professional criminals’. Drawing on a study of serious multi-handed violence and ‘joint enterprise’ as a legal response, this article highlights the role of the law, and its agents, in generating silence among young suspects, whose primary concern is the legal risks of talking. Yet, these young people face a precarious trap, as their silence is interpreted as guilt by the police, propelling them towards charge. This article concludes that to avoid over-charging and to encourage young people with knowledge of serious violence to talk, structural change is needed. The system must reverse the legal rules regarding silence and reform the law on secondary liability to reduce the legal risks of talking.
K1 Young People
K1 wall of silence
K1 legal risks of talking
K1 Joint enterprise
DO 10.1177/1748895821991622