Warning
Info
- - tl;dr
- - ICRA
- - Facts & Holding
- - DeepDive
0 0
Supreme Court of the United States - 328 U.S. 640
Tags: Criminal law, Conspiracy
tl;dr:
If any member of a conspiracy commits a substantive crime in furtherance of the conspiracy, such crime is attributable to all members of the conspiracy.Video Summary
DeepDiveHighlight a legal term to see the definition
The Supreme Court rejected the Pinkerton brothers' appeal, stating that a conspiracy charge and a substantive offense are separate and distinct offenses, and Congress has the power to affix different penalties to each. A conviction for both offenses is possible, and a conspiracy is a partnership in crime with distinct ingredients and implications from the completion of the unlawful project. The Circuit Court of Appeals' decision was affirmed. In the case of Daniel, evidence that his brother committed substantive offenses in furtherance of their conspiracy was enough to find him guilty of the substantive offenses, even though there was no direct evidence of his participation in the offenses. The United States v. Sall case, which required evidence of direct participation in the commission of the substantive offense to sustain a conviction, was not applicable in this case.
Justice Rutledge dissents from the court's decision to allow the jury to find Daniel Pinkerton guilty of substantive offenses based solely on his criminal agreement with his brother Walter, who was convicted of the substantive counts. This violates due process and goes against precedent. The author argues that the ruling ignores the distinctions between completed substantive offenses, aiding, abetting or counseling another to commit them, and conspiracy to commit them, and either convicts one person for another's crime or punishes a person twice for the same offense. The differences between these offenses are not merely verbal, and the substance of conspiracy is the agreement, while aiding, abetting, or counseling involves consciously advising or assisting another to commit a particular offense, and substantive crime involves going beyond mere aiding, abetting, or counseling to complete the offense. The author explains that while there are general differences between conspiracy, completed crime, and aiding and abetting, these differences can be disregarded when conspiracy has advanced to the stage of aiding and abetting or has ripened into completed crime, leading to the substance, if not the technical effect, of double jeopardy or multiple punishment. Additionally, a person may be convicted of an offense that was not charged or proved against them based on evidence showing they committed another offense.
LSD+ Case Briefs
Features
- DeepDive for detailed case analysis
- Over 50,000 existing case briefs
- Instant briefs for another 6,000,000 cases
- Highlight dictionary for legal term definitions
- Social learning with chat and high points
Over 50,000 Cases Briefed
LSD+ gives you access to over 50,000 case briefs, more than anyone else. Be the first to email us the website of a case brief product that offers you more case briefs and we'll give you a free year of LSD+.
14-Day Free Trial
Unlimited access. Read as much content as you want during your trial with no device limitations. Cancel any time during your trial and keep access for the full 14 days.
Integrated Legal Dictionary
Lawyers and judges love to use big words. And Latin, for some reason.
Highlight a legal term in LSD Briefs and get an instant, plain English definition. Try highlighting contract or specific performance. No need to search or read through a list of definitions, simply highlight the words you don’t know and our LSDefine integration will instantly give you a definition to any of over 30,000 legal terms.
DeepDive
DeepDive allows you to explore legal cases like never before. DeepDive offers multiple levels of case summaries, which empowers you to quickly and easily find the information you need to stay on top of readings. Easily navigate through summary levels and click on any text to get more detail, all the way down to the original legal case text.
Brief anything. Instantly.
Our proprietary state-of-the-art system can instantly brief over 6,000,000 US cases. That means we can probably brief that case that your professor assigned last night when she sent you a poorly scanned pdf and told you to read every third paragraph. Or maybe she uploaded it to Canvas and didn’t really tell you to read it, but you know you probably should. Tenure does wild things to good people.
Social Learning with Chat and High Points
Study groups are a great way to learn and explore a case. LSD has chat rooms for each case to let you ask questions across the community and hear what other students struggled with and how they put it all together. Learn the key points of every case from other LSD+ users and share your knowledge with LSD High Points.
Real-Time Brief Feedback
Don’t settle for mistakes in briefs that have been there for 10 years and never fixed. Find an issue or something missing from a brief? Down vote and we will make improvements. All of our case brief editors graduated from from T14 law schools.