Pinkerton v. United States

Pinkerton v. United States
Pinkerton v. United States
	Supreme Court of the United States
Argued May 1, 1946; Decided June 10, 1946
Full case name	Pinkerton v. United States
Citations	328 U.S. 640 (more) 66 S.Ct. 1180; 90 L. Ed. 1489; 1946 U.S. LEXIS 3154
Case history
Prior	145 F.2d 252 (5th Cir. 1944); rehearing denied, 151 F.2d 499 (5th Cir. 1945); cert. granted, 327 U.S. 772 (1946).
Subsequent	Rehearing denied, 329 U.S. 818 (1946).
Holding
	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.
Court membership
	Chief Justice vacant Associate Justices Hugo Black · Stanley F. Reed; Felix Frankfurter · William O. Douglas; Frank Murphy · Robert H. Jackson; Wiley B. Rutledge · Harold H. Burton
Case opinions
Majority	Douglas
Concur/dissent	Rutledge, joined by Frankfurter
	Jackson took no part in the consideration or decision of the case.

Pinkerton v. United States, 328 U.S. 640 (1946), is a case in the Supreme Court of the United States.[1] The case enunciated the principle of Pinkerton liability, a prominent concept in the law of conspiracy.

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 only his brother had committed the substantive crimes he was incorrectly convicted. The actual crime committed may have been moonshining and the government chose to prosecute for tax evasion. They were suspected of "unlawful possession, transportation and dealing of whiskey.[2]

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.

Holding

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.

gollark: <@478699769175343114> It's not overblown. I thought it was initially, but the big danger seems to be that hospitals will be horribly overloaded with severe cases.

gollark: At my school they're vaguely worried about maybe having to close it, which means there are now vague plans to send people work online, without much actual detail.

gollark: I did find this though: http://www.andrewlipson.com/lstest.html

gollark: Hmm, apparently I do *not* have it bookmarked, sadly.

gollark: It's part of some test to check if you can avoid saying the obvious but wrong answer and come up with the correct but less intuitive one.

References

Pinkerton v. United States, 328 U.S. 640 (1946).
STRADER, KELLY (2009). WHITE COLLAR CRIME: Cases, Materials, and PRoblems. Newark, NJ: Lexis Nexis. p. 80. ISBN 9781422427415.

External links

Works related to Pinkerton v. United States at Wikisource
Text of Pinkerton v. United States, 328 U.S. 640 (1946) is available from: Cornell CourtListener Google Scholar Justia Library of Congress OpenJurist

This article is issued from Wikipedia. The text is licensed under Creative Commons - Attribution - Sharealike. Additional terms may apply for the media files.

[1] Pinkerton v. United States, 328 U.S. 640 (1946).

[2] STRADER, KELLY (2009). WHITE COLLAR CRIME: Cases, Materials, and PRoblems. Newark, NJ: Lexis Nexis. p. 80. ISBN 9781422427415.