Explain the Pinkerton Rule and how it can be used effectively in prosecuting organized crime cases
What will be an ideal response?
The Pinkerton Rule holds that individuals who are members of a conspiracy are criminally liable for any reasonably foreseeable offenses committed by other members of the conspiracy. Such liability exists regardless of whether the individual specifically agreed to be a party to the particular criminal act.
An organized criminal band may operate within a system where certain members only perform particular tasks on behalf of the group or certain members oversee the activities of other members but do not directly engage in criminal conduct. The Pinkerton Rule establishes criminal responsibility for all members of such organizations based on the actions of co-conspirators and lower ranking members. The rule prevents members of organized crime from dodging criminal responsibility on the basis that they did not actually engage in the prohibited conduct. In particular, the rule's application allows prosecutors to charge and convict persons who direct the criminal activity of subordinates.
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