VERSUS: Abu Ghraib vs. Collegefuckfest.com

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For an accompanying comparison, an excerpt from the chapter PINKERTON vs. AIDING AND ABETTING from the United States Department of Justice’s Criminal Resource Manual (1999):


The Pinkerton rule was pronounced in Pinkerton v. United States, 328 U.S. 640, 66 S.Ct. 1180, 90 L.Ed. 1489 (1946). Walter and Daniel Pinkerton were brothers who were charged with violations of the Internal Revenue Code. The indictment alleged the Pinkertons committed one conspiracy count and the ten substantive counts. A jury found each of them guilty of the conspiracy and several of the substantive counts. The main issue arose from the facts that there was no evidence to show Daniel Pinkerton participated directly in the commission of the substantive offenses although there was evidence showing these substantive offenses were in fact committed by Walter Pinkerton in furtherance of the unlawful agreement or conspiracy existing between the brothers. Id., 328 U.S. at 645, 66 S.Ct. at 1183.

The question was submitted to the jury on the theory that each brother could be found guilty of the substantive offenses if it was found at the time those offenses were committed the brothers were parties to an unlawful conspiracy and the substantive offenses were, in fact, committed in furtherance of it. Id. Daniel Pinkerton was not indicted as an aider or abettor, nor was his case submitted to the jury on that theory. Id. at n.6.

Daniel argued United States v. Sall, 116 F.2d 745 (3d Cir. 1940), in support of his contention that participation in the conspiracy is not in itself enough to sustain a conviction for the substantive offense even though it was committed in furtherance of the conspiracy. Id., 328 U.S. at 646, 66 S.Ct. at 1183. Sall held that, in addition to evidence that the offense was in fact committed in furtherance of the conspiracy, evidence of direct participation in the commission of the substantive offense or other evidence from which participation might fairly be inferred was necessary. Id.

The Supreme Court took a different view. It noted the facts showed a continuous conspiracy with no evidence that Daniel attempted to withdraw from it. Id. Therefore, he continued to offend. Id. So long as the partnership in crime continues, the partners act for each other in carrying it forward, and an overt act of one partner may be the act of all without any new agreement specifically directed to that act. Id., 328 U.S. at 647, 66 S.Ct. at 1184. The criminal intent to do an illegal act by one of the conspirators in furtherance of the unlawful project is established by the formation of the conspiracy. Id. Each conspirator instigates the commission of the crime. Id. The unlawful agreement contemplated what was done in the substantive acts, the substantive crimes were performed in the execution of the enterprise. Id.


Basically, the scenario goes like this: two brothers decide to rob banks then do so. Then one gets caught, but the other keeps robbing banks. And for every bank the free brother robs, the brother in jail is held equally responsible. The driving notion behind the Pinkerton rule is if you're part of the idea, you're part of the crime. •