Pinkerton liability allows defendants in criminal conspiracy cases to be found guilty of crimes committed by their co-conspirators. The Pinkerton liability doctrine was established in 1946 by the Supreme Court in Pinkerton v. U.S.
Typically, conspiracy cases charge defendants with one count of conspiracy as well as multiple substantive offenses. Even if one defendant did not commit any substantive offenses themselves, they can still be found liable for substantive offenses committed by their co-conspirators under the Pinkerton liability doctrine.
To find guilt based on Pinkerton liability, courts generally require co-conspirators' substantive offenses to have been
- foreseeable, and
- done in furtherance of the conspiracy.
In addition to Pinkerton liability, liability for substantive offenses in conspiracy cases can also be established by direct commission of the substantive offense, as well as aider and abettor liability (See: DOJ Justice Manual | 2482. Pinkerton Vs. Aiding And Abetting).
Further Reading:
The Pinkerton Problem, A Common Law Crime Analysis of Pinkerton V. United States: Sixty Years of Impermissible Judicially-Created Criminal Liability, and Is the Cherry Sour? Why Doctrinal Borrowing Has Caused the Cherry Doctrine to Converge with RICO Law
[Last updated in January of 2024 by the Wex Definitions Team]
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