Responsibility for Substantive Offenses Committed by Co-Conspirators (Pinkerton Liability) is a legal doctrine that holds a principal conspirator liable for any crimes committed by a co-conspirator in furtherance of the conspiracy. Pinkerton Liability stems from the Supreme Court decision in Pinkerton v. United States, 328 U.S. 640 (1946) and applies to all federal criminal conspiracies. Under the Pinkerton doctrine, a principal conspirator is liable for any crimes committed by a co-conspirator if the crime was “reasonably foreseeable” in furtherance of the conspiracy. The doctrine is premised on the idea that a person who joins a criminal conspiracy is responsible for the acts of any other conspirators and the harm that results from them. There are two types of responsibility for substantive offenses committed by co-conspirators under Pinkerton Liability: proximate cause and vicarious liability. Proximate cause is the legal standard that requires a person to have a “substantial connection” between their actions and the harms caused by another person in order to be held liable. Vicarious liability is the legal doctrine that holds one person responsible for the acts of another. Under Pinkerton Liability, a principal conspirator can be held criminally responsible for the acts of a co-conspirator if the acts were reasonably foreseeable and committed in furtherance of the conspiracy. The doctrine of responsibility for substantive offenses committed by co-conspirators applies to all federal criminal conspiracies and is a powerful tool for prosecutors in holding all members of a criminal organization accountable for their actions.
Responsibility for Substantive Offenses Committed by Co-Conspirators (Pinkerton Liability)
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FAQ
When a conspiracy is entered into to do an unlawful act, the conspirators are responsible for all that is said and done in furtherance of the conspiracy by their co-conspirators.
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.
Pinkerton is a vicarious liability rule that makes conspirators criminally responsible for the foreseeable crimes of their coconspirators committed in furtherance of the conspiracy.
The Pinkerton doctrine is a judicially-created rule that makes each member of a conspiracy liable for crimes that other members commit to further their joint criminal design.
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.
The court concluded that if an overt act, which is an essential ingredient to a conspiracy, can be supplied by one conspirator, then likewise the same or other acts in furtherance of the conspiracy should be attributable to the others for the purpose of holding them responsible for the substantive offense(s).
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