Virginia Jury Instruction — Pinkerton Instruction refers to a specific guideline provided to the jury in criminal cases in the state of Virginia. The Pinkerton Instruction derives its name from the landmark U.S. Supreme Court case, Pinkerton v. United States, which established the concept of liability for co-conspirators in the commission of crimes. The primary purpose of the Pinkerton Instruction is to explain the legal principle of "vicarious liability" to the jury. According to this principle, if two or more individuals are involved in a conspiracy to commit a crime, each conspirator may be held responsible for the actions and consequences of their co-conspirators. In other words, if one conspirator commits a crime while carrying out the agreed-upon conspiracy, all other conspirators can be held accountable for that crime. In Virginia, there are different types of Pinkerton Instructions that can be given to the jury, depending on the circumstances of the case. Some common variations of Virginia Jury Instruction — Pinkerton Instruction include: 1. Pinkerton Instruction for Conspiracy to Commit a Crime: This instruction is given when the defendant is charged with being a co-conspirator in a criminal conspiracy. It informs the jury that if they find the defendant to be a willing participant in the conspiracy, they can hold the defendant responsible for all criminal acts committed by any other member of the conspiracy, even if the defendant did not personally participate in those acts. 2. Pinkerton Instruction for Joint Enterprise: This instruction is given when the defendant is charged with participating in a criminal act as part of a joint enterprise or common design. It explains that if the jury finds the defendant to be a participant in the joint enterprise, they can hold the defendant liable for all criminal acts committed by any other participant, regardless of their individual roles or knowledge of the specific acts. 3. Pinkerton Instruction for Aiding and Abetting: This instruction is given when the defendant is accused of aiding, abetting, or facilitating the commission of a crime by another person. It informs the jury that if they find the defendant knowingly and intentionally assisted or encouraged the main perpetrator in committing the crime, they can hold the defendant equally responsible for the criminal act. Overall, Virginia Jury Instruction — Pinkerton Instruction provides a crucial framework for the jury to determine the legal liability of co-conspirators or accomplices in criminal cases. It ensures that accountability is attributed not only to the individuals directly involved in the commission of a crime but also to those who knowingly participated or facilitated its occurrence.