Under Pinkerton, a defendant is liable for all other foreseeable crimes committed in furtherance of the objective. Which option best captures this rule?

• A. The Pinkerton rule does not apply to conspiracies
• B. The Pinkerton rule imposes strict liability for co-felony crimes
• C. The Pinkerton rule makes a defendant liable for all foreseen crimes committed in furtherance of the conspiracy
• D. The Pinkerton rule requires actual participation in every crime

Answer: (C)

In conspiracies, liability expands beyond what you personally did to include crimes that your co-conspirators commit if those crimes were in furtherance of the plan and reasonably foreseeable when you joined. Under Pinkerton, once you’re part of a conspiracy, you’re responsible for other members’ crimes if they help achieve the objective and if those crimes were foreseen as a likely result of the agreement. That’s why this option best captures the rule: you’re liable for all foreseen crimes committed in furtherance of the conspiracy.

This isn’t the same as strict liability for every co-felony, and it doesn’t require actual participation in every crime. It also doesn’t say the rule never applies to conspiracies—it applies to conspiracies as described.