Pinkerton v. United States
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Pinkerton v. United States, 328 U.S. 640, 66 S.Ct. 1180, 90 L.Ed. 1489 (1946), is a case in the Supreme Court of the United States. The case enunciated the principle of Pinkerton liability, a prominent concept in the law of conspiracy.
[edit] History
Walter and Daniel Pinkerton both lived (separately) on Daniel Pinkerton's farm. They were indicted for violations of the Internal Revenue Code. Walter Pinkerton was found guilty of nine counts of violating the tax code and one count of conspiracy. His brother Daniel was found guilty of 6 substantive counts of violating the tax code and one count of conspiracy. Daniel Pinkerton appealed claiming that because it was only his brother who committed the substantive crimes, he was incorrectly convicted.
[edit] Issue
At issue is whether a defendant can be held liable for substantive crimes committed by another in the furtherance of a conspiracy in which they are joined.
[edit] Holding
Yes. The Court held that when a defendant is joined in a conspiracy, substantive crimes committed to advance that conspiracy can be charged to all defendants as long as they are still part of the conspiracy when those crimes are committed.
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