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Letter P
criminal procedure

Pinkerton Liability

A doctrine making each co-conspirator liable for foreseeable substantive offenses committed by other co-conspirators in furtherance of the conspiracy.

Encyclopedia entry: Pinkerton Liability

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Pinkerton liability

Pinkerton liability allows an actor to be held liable for substantive crimes committed by his coconspirators in certain circumstances. A defendant can be held vicariously liable for a substantive offense committed by another member of a conspiracy if: (1) the defendant was a party to the conspiracy; (2) the offense was “within the scope of the unlawful project“; (3) the offense was committed in furtherance of the conspiracy; and (4) the defendant could have reasonable foreseen the offense as a “necessary or natural consequence of the unlawful agreement.”

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Encyclopedia content from Cornell LII Wex (CC-BY-NC-SA 2.5).

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.