Under Pinkerton, a defendant is liable for all other foreseeable crimes committed in furtherance of the objective. Which option best captures this rule?

Under Pinkerton, a defendant is liable for all other foreseeable crimes committed in furtherance of the objective. Which option best captures this rule?

• A. The Pinkerton rule does not apply to conspiracies
• B. The Pinkerton rule imposes strict liability for co-felony crimes
• C. The Pinkerton rule makes a defendant liable for all foreseen crimes committed in furtherance of the conspiracy
• D. The Pinkerton rule requires actual participation in every crime

Answer: (C)

In conspiracies, liability expands beyond what you personally did to include crimes that your co-conspirators commit if those crimes were in furtherance of the plan and reasonably foreseeable when you joined. Under Pinkerton, once you’re part of a conspiracy, you’re responsible for other members’ crimes if they help achieve the objective and if those crimes were foreseen as a likely result of the agreement. That’s why this option best captures the rule: you’re liable for all foreseen crimes committed in furtherance of the conspiracy. This isn’t the same as strict liability for every co-felony, and it doesn’t require actual participation in every crime. It also doesn’t say the rule never applies to conspiracies—it applies to conspiracies as described.

In conspiracies, liability expands beyond what you personally did to include crimes that your co-conspirators commit if those crimes were in furtherance of the plan and reasonably foreseeable when you joined. Under Pinkerton, once you’re part of a conspiracy, you’re responsible for other members’ crimes if they help achieve the objective and if those crimes were foreseen as a likely result of the agreement. That’s why this option best captures the rule: you’re liable for all foreseen crimes committed in furtherance of the conspiracy.

This isn’t the same as strict liability for every co-felony, and it doesn’t require actual participation in every crime. It also doesn’t say the rule never applies to conspiracies—it applies to conspiracies as described.