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Which of the following BEST describes the Pinkerton rule? A co-conspirator can be held liable for crimes committed by another conspirator, even if the co-conspirator did not know about the other crime and did not agree to commit the other crime.
--No person may be convicted of conspiracy to commit a crime unless an overt act in pursuance of such conspiracy is alleged and proved to have been done by him or by a person with whom he conspired.
Further, the defendant can be convicted of conspiracy even if his co-conspirators are never caught and tried. As long as the prosecution can prove that there was an agreement between the defendant and the other party, the conviction will stand.
The Pinkerton rule determines when an individual can be convicted of a substantive crime they didn't directly commit. It upholds that all conspiracy members are liable for their co-conspirators' substantive crimes intended to further the conspiracy.
A defendant can be held vicariously liable for a substantive offense committed by another member of a conspiracy if: (1) the defendant was a party to the conspiracy; (2) the offense was ?within the scope of the unlawful project?; (3) the offense was committed in furtherance of the conspiracy; and (4) the defendant ...
Properly set forth the essential elements of conspiracy, which are: (1) a mutual agreement or understanding, (2) knowingly entered by the defendant, with (3) an intent to jointly commit a crime.
Noun. Whar·?ton's Rule. ?hw?rt-?nz- : a rule that prohibits the prosecution of two persons for conspiracy to commit a particular offense when the offense in question can only be committed by at least two persons.
United States, 328 U.S. 640 (1946) Any crime in furtherance of a conspiracy that is reasonably foreseeable may lead to criminal liability for any member of the conspiracy. Brothers Daniel and Walter Pinkerton engaged in illegal dealings in whiskey on Daniel's farm, where both of them lived.