Problems with Pinkerton Liability in the Juvenile Context: A Case Study of Pennsylvania
Choose your friends wisely, or your co-conspirators anyway. So warned the U.S. Supreme Court, albeit implicitly, in Pinkerton v. United States. That case approved holding a conspiracy defendant liable for the reasonably foreseeable crimes of a co-conspirator committed in the furtherance of the conspiracy. In this Essay, I argue that Pinkerton liability should not be applied to juveniles.