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Pinkerton v. United States: Difference between revisions
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|date=June 10, 1946 | |date=June 10, 1946 | ||
|subject=Criminal Law | |subject=Criminal Law | ||
|appealed_from=5th Circuit | |||
|facts=* Pinkerton & his brother lived on a farm in rural Alabama | |facts=* Pinkerton & his brother lived on a farm in rural Alabama | ||
* The 2 brothers conspired to buy whiskey in a '''wet county''' in the state & sell it illegally in a '''dry county''' | * The 2 brothers conspired to buy whiskey in a '''wet county''' in the state & sell it illegally in a '''dry county''' | ||
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* Suddenly, 1 brother was imprisoned for un-related crimes | * Suddenly, 1 brother was imprisoned for un-related crimes | ||
* | * | ||
|procedural_history=* A federal grand jury charged both brothers (free & imprisoned) of violating tax laws, conspiracy, and other offenses. | |||
* It was shown that both brothers had conspired but only the free 1 (not imprisoned) was guilty of substantive offenses. | |||
* The jury convicted both brothers of conspiracy & substantive offenses. | |||
* The protests of the imprisoned brother who hadn't carry out any offenses were ignored by the jury. | |||
* Both Pinkerton brothers lost & faced the same sentencing. | |||
* The 5th Circuit affirmed the convictions of the protesting imprisoned brother. | |||
|issues=Is a defendant (imprisoned brother) who engages in no criminal conduct after entering a conspiracy vicariously liable for substantive offenses committed by a co-conspirator (the free brother) in furtherance of the conspiracy? | |||
|arguments=The imprisoned brother argued that he wasn't liable for anything other than the [https://www.quimbee.com/keyterms/conspiracy conspiracy] charge. | |||
|case_text_links={{Infobox Case Brief/Case Text Link | |case_text_links={{Infobox Case Brief/Case Text Link | ||
|link=https://www.law.cornell.edu/supremecourt/text/328/640 | |link=https://www.law.cornell.edu/supremecourt/text/328/640 |
Revision as of 22:47, January 22, 2024
Pinkerton v. United States | |
Court | Supreme Court of the United States |
---|---|
Citation | 328 U.S. 640, 66 S.Ct. 1180, 90 L.Ed. 1489 |
Date decided | June 10, 1946 |
Appealed from | 5th Circuit |
Facts
- Pinkerton & his brother lived on a farm in rural Alabama
- The 2 brothers conspired to buy whiskey in a wet county in the state & sell it illegally in a dry county
- The brothers also conspired to evade paying excise taxes related to their illegal sales
- Suddenly, 1 brother was imprisoned for un-related crimes
Procedural History
- A federal grand jury charged both brothers (free & imprisoned) of violating tax laws, conspiracy, and other offenses.
- It was shown that both brothers had conspired but only the free 1 (not imprisoned) was guilty of substantive offenses.
- The jury convicted both brothers of conspiracy & substantive offenses.
- The protests of the imprisoned brother who hadn't carry out any offenses were ignored by the jury.
- Both Pinkerton brothers lost & faced the same sentencing.
- The 5th Circuit affirmed the convictions of the protesting imprisoned brother.
Issues
Is a defendant (imprisoned brother) who engages in no criminal conduct after entering a conspiracy vicariously liable for substantive offenses committed by a co-conspirator (the free brother) in furtherance of the conspiracy?
Arguments
The imprisoned brother argued that he wasn't liable for anything other than the conspiracy charge.