Abstract

CORDINI, Nicolás S.. Conspiracy, Accomplice and Pinkerton Liability: Where does criminal responsibility end? A study on the U.S. Criminal Liability System. Rev. Fac. Der. [online]. 2022, n.53, e201.  Epub June 01, 2022. ISSN 0797-8316.  https://doi.org/10.22187/rfd2022n53a1.

The conspiracy is a preparatory crime that allows the punishment of people who agree to commit a crime, even if they never carry out their plan or if they are apprehended before reaching their goal. The crime of conspiracy must be clearly distinguished from the category ‘accomplice’. This inchoate crime fulfils a series of diverse functions that are satisfied by other legal devices in continental legal systems. The membership in a conspiracy creates a standard for keeping each conspirator accomplice in the crimes committed by the other conspirators. The only restriction on this accomplice test is that the crime be committed in furtherance of the criminal aim of the conspiracy. This responsibility is further amplified by the Pinkerton liability. The overlap between these approaches creates a very difficult web to unravel. Therefore, in this research, we will analyse the conspiracy and its relationship with other systems of responsibility (accomplice, Pinkerton liability) according to the conceptual arsenal provided by the common law, the main objective will be its analysis and criticism of the North American criminal system itself.

Keywords : common law; conspiracy; accomplice; liability; Pinkerton.

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