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Unpublished Paper
The Pinkerton Problem
ExpressO (2010)
  • Bruce A Antkowiak
Abstract
Pinkerton is a longstanding principle of criminal law that holds a conspirator liable for the substantive crimes of his confederates as long as they were committed during the course of and in furtherance of the conspiracy, and as long as they were objectively and reasonably foreseeable to a defendant. This leads to liability being imposed on individuals who did not personally have the mens rea required to commit the crime for which they are sentenced. The article argues that the use of such conspirator liability rules in many jurisdictions (federal and state) violates both due process and separation of powers principles.
Keywords
  • conspiracy,
  • Pinkerton,
  • Apprendi
Disciplines
Publication Date
September 7, 2010
Citation Information
Bruce A Antkowiak. "The Pinkerton Problem" ExpressO (2010)
Available at: http://works.bepress.com/bruce_antkowiak/6/