Consequences of Conspiracy

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In some states and federally, individuals who enter into a conspiracy are criminally responsible for every reasonably foreseeable crime committed in furtherance of the conspiracy. 1 This rule is called the Pinkerton rule, based on the US Supreme Court case that created it (Pinkertonv.U.S.,328U.S.640(1946).). One factor used to determine foreseeability is the degree of the defendant’s involvement in the conspiracy. A defendant who plays a minor role is less likely to be criminally responsible than a defendant who has a more substantive involvement. 2