Legal Definitions - Pinkerton rule

The Pinkerton rule is a legal principle in criminal law that holds members of a conspiracy responsible for crimes committed by their co-conspirators, even if they did not directly participate in those specific crimes. For the rule to apply, the additional crimes must have been committed to advance the goals of the conspiracy and must have been reasonably foreseeable outcomes of the conspiratorial agreement. This means that once you join a conspiracy, you can be held accountable for the actions of others in the group if those actions further the conspiracy's objectives.

• Example 1: Drug Trafficking and Assault

  A group of individuals conspires to distribute illegal drugs across state lines. Their plan involves setting up a distribution network and securing territories. One member of the conspiracy, without the explicit knowledge or approval of the others, physically assaults a rival dealer to intimidate them and secure a more lucrative selling territory for their operation. Under the Pinkerton rule, all members of the original drug trafficking conspiracy could be held liable for the assault, even though they did not participate in or directly authorize it. The assault was committed to further the drug distribution conspiracy and could be considered a reasonably foreseeable act within such a criminal enterprise.

• Example 2: Investment Fraud and Bribery

  Several individuals conspire to operate an elaborate investment fraud scheme, creating fake companies and soliciting money from unsuspecting investors. To expedite the registration of one of their shell companies with a regulatory body, one conspirator secretly bribes a low-level government official. This act of bribery was not part of the original, agreed-upon fraud plan, nor were the other conspirators aware of it. However, because the bribery was committed to further the overall investment fraud scheme (by making the fake company appear legitimate more quickly), the Pinkerton rule could hold all members of the conspiracy responsible for the bribery charge, as it was a foreseeable action to remove obstacles in a complex criminal enterprise.

• Example 3: Bank Robbery and Kidnapping

  A group of four individuals plans a bank robbery, meticulously detailing how they will enter, secure the vault, and escape. During the robbery, one of the conspirators, panicking when a bank employee tries to trigger an alarm, unexpectedly grabs the employee and forces them into a back room, holding them against their will for the duration of the robbery. This act of kidnapping was not part of the initial robbery plan. Nevertheless, under the Pinkerton rule, all four conspirators could be charged with kidnapping in addition to robbery. The kidnapping, though not planned, was committed during and in furtherance of the bank robbery (to prevent the alarm and ensure the robbery's success) and could be seen as a reasonably foreseeable escalation of violence or coercion during such a high-stakes crime.