Pinkerton v. United States
Citation: 328 U.S. 640 (1946)
Facts
Walter and Daniel Pinkerton were brothers who were convicted of tax evasion offenses. Although Daniel was in prison for part of the time during which the offenses were committed and did not personally participate in some of Walter’s offenses, Daniel was convicted of those substantive crimes based on his participation in the overall conspiracy.
Issue
May a conspirator be held liable for a substantive crime committed by a co-conspirator in furtherance of the conspiracy, even if the defendant did not personally participate in that crime?
Holding
Yes. The Supreme Court upheld Daniel’s conviction, holding that a conspirator is liable for substantive offenses committed by a co-conspirator in furtherance of the conspiracy, so long as the offense was within the scope of the conspiracy and a reasonably foreseeable consequence of the unlawful agreement.
Rule
Under Pinkerton liability, each member of a conspiracy is vicariously liable for all crimes committed by co-conspirators that: (1) are within the scope of the conspiracy; (2) are committed in furtherance of the conspiracy; and (3) are reasonably foreseeable as a necessary or natural consequence of the conspiratorial agreement.
Significance
Pinkerton is one of the most important and controversial doctrines in criminal law. It dramatically expands criminal liability beyond personal participation and is widely debated in law school. Many states reject the Pinkerton doctrine; the Model Penal Code does not adopt it.