MBE Rules · Criminal Law
Pinkerton Liability
Pinkerton liability
The rule
A conspirator is liable for substantive crimes committed by co-conspirators that are in furtherance of the conspiracy and reasonably foreseeable, even without aiding the specific crime.
In plain English
Pinkerton Liability holds that if individuals conspire to commit a crime, each conspirator can be held responsible for crimes committed by other members of the conspiracy, as long as those crimes are in furtherance of the conspiracy and could reasonably be anticipated. This means that even if a conspirator did not directly participate in a specific crime, they can still face liability for it if it was a foreseeable result of their agreement.
Worked example
Alice and Bob conspire to rob a bank. During the robbery, Charlie, another member of the conspiracy, shoots a guard. Even though Alice did not participate in the shooting, she can be held liable for the guard's death under Pinkerton Liability because it was a foreseeable outcome of their conspiracy to commit robbery. Alice faces charges for murder.
Memory hook
In a conspiracy, one for all and all for one—liability extends to all actions taken in furtherance of the plan.
The trap
Exams may present scenarios where a conspirator did not directly commit a crime but was involved in the conspiracy, leading students to mistakenly believe they cannot be held liable. Watch for subtle hints about foreseeability.
How examiners test it
Questions often involve a fact pattern where multiple conspirators engage in a crime, with one committing an additional offense. Look for clues about the foreseeability of those actions to determine liability.
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