Pinkerton Doctrine/Solicitation Question

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rijed
Posts: 34
Joined: Mon Dec 05, 2011 2:54 pm

Pinkerton Doctrine/Solicitation Question

Postby rijed » Mon Dec 03, 2012 2:56 pm

Hypothetical:

A and B conspire to kill D. They also solicit C to help them and make her part of the conspiracy. They succeed in killing D. Obviously they are guilty of a few crimes. The big question I have deals with the Pinkerton Doctrine. A and B are guilty of solicitation (getting C to join the conspiracy), and the Pinkerton Doctrine extends liability of the crimes of the conspiracy to all member of the conspiracy. However, C cannot also be guilty of solicitation can she? Can she be guilty under the Pinkerton Doctrine of soliciting herself? Does the Pinkerton Doctrine only apply to C in crimes that were committed after C joined the conspiracy?

I hope this makes sense and thank you for any help you can give.

nucky thompson
Posts: 290
Joined: Wed Oct 20, 2010 6:32 pm

Re: Pinkerton Doctrine/Solicitation Question

Postby nucky thompson » Mon Dec 03, 2012 3:03 pm

IMO - think about it like this - Pinkerton holds co-conspirators liable for all crimes committed by any conspirator, in furtherance of the conspiracy

Someone can solicit someone else to commit a crime, then form a conspiracy to commit that crime - but the solicitation was made before the agreement (conspiracy) was established --> therefore, how would we hold the solicitee liable?

rijed
Posts: 34
Joined: Mon Dec 05, 2011 2:54 pm

Re: Pinkerton Doctrine/Solicitation Question

Postby rijed » Mon Dec 03, 2012 6:14 pm

Thank you.




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