Pinkerton Rule

Pinkerton Rule: a conspirator is liable for all crimes committed by co-conspirators during and in furtherance of the conspiracy—even if the conspirator did not participate in or know of those crimes.

(Pinkerton v. United States, 328 U.S. 640 (1946).)

Adoption

  • Most CL jurisdictions adopt Pinkerton liability.
  • MPC rejects Pinkerton—liability under MPC requires that ∆ be a principal or accomplice to the specific crime.

When to Apply

IF all of the following hold:

  1. A conspiracy exists.
  2. A co-conspirator commits a crime.
  3. The crime was reasonably foreseeable:
    • In furtherance of the conspiracy (loose construction), AND
    • A natural and probable consequence of the conspiracy.
  4. ∆ was a member of the conspiracy at the time the co-conspirator committed the crime.

THEN ∆ is responsible for crimes of the co-conspirator.

Why It Matters

  • Pinkerton dramatically extends conspiracy liability—∆ may be convicted of crimes she neither committed nor knew about.
  • It is the principal mechanism by which low-level participants are convicted of serious offenses (homicides during drug deals, etc.).