What is the test for a defendant to be held liable for the criminal acts of his co-conspirators?
MultiRegion, United States of America
The following excerpt is from U.S. v. Douglass, 780 F.2d 1472 (9th Cir. 1986):
Under the rule first enunciated in Pinkerton v. United States, 328 U.S. 640, 66 S.Ct. 1180, 90 L.Ed. 1489 (1946), each conspirator is liable for the criminal acts of his co-conspirators as long as the following conditions are met: (1) the substantive offense was committed in furtherance of the conspiracy; (2) the offense fell within the
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