Criminal
Law Class Notes
What’s
the problem that this case speaks to?
Why is it here? The issue is
whether an aider and abettor can be guilty of a
higher offense than the actual perpetrator of the crime. In this case, both defendants were initially
convicted of first-degree murder. McCoy
is the triggerman, and Lakey is our accomplice. What crime is McCoy arguably guilty of? He was convicted of first-degree murder. What’s the problem, though? McCoy claimed imperfect self-defense, which
on retrial could reduce McCoy’s offense to manslaughter.
At
traditional common law, self-defense can only be claimed if there is a reasonable belief that, etc. If your belief wasn’t reasonable, you have no
defense at all. However, in some states
like
The
Model Penal Code § 3.04 in conjunction with § 3.09 says that if you have a negligent
belief in self-defense, you would be guilty of negligent homicide, while if you
were reckless about your belief, you could be convicted of “reckless homicide” –
namely, manslaughter.
These
two guys were tried together. McCoy’s
conviction has been overturned due to a bad jury instruction. The Court of Appeal was of the belief that an
accomplice couldn’t be convicted of a higher crime than the actual
perpetrator. Since they were tried
together, Lakey had to have his conviction overturned,
or so the theory goes.
How
can it be that an accomplice can derive more liability than the perpetrator,
like the Supreme Court of California says?
According to the court, what does the accomplice derive from the
perpetrator? The accomplice derives the
actus
The
court gives the “Othello” example.
Othello might kill Desdemona in the heat of passion, but Iago, who set him up, actually premeditated the
killing. Why should Iago
get the benefit of the heat of passion defense when he’s calm, cool, and
calculating?
Does
this case stand for the proposition that if I’m the accomplice in a robbery or
a rape or a larceny…does the same principle apply there as it does to a
homicide? No, they limit the scope of
their ruling to homicide cases, not to other crimes. They express no view on the application of
these principles to other crimes outside the homicide context.
Recall
the case of Hayes and Hill. In that
case, there was no mens rea on the part of the perpetrator, and therefore there
was no crime. In turn, Hayes could not
derive liability from Hill.
But
in this case, there is a crime
because there is both mens rea and actus
What
this case stands for is the majority rule as
it applies to criminal homicide.
However, you can’t assume that the rule will apply to non-homicide
crimes.
Conspiracy liability
When
we started our discussion of complicity, Dressler said that there were two
kinds of ways a person could be held accountable for the actions of others:
1. Accomplice liability
2. Conspiracy liability
3. “Innocent instrumentality”
doctrine
Hopefully,
with Pinkerton
it will be clear why we need to keep these doctrines distinct.
In
99% of the cases where there is accomplice liability there is also conspiracy liability
and vice versa. Sometimes, it isn’t the
case. In a few cases, you can have accomplice
liability but not conspiracy liability or vice
versa.
The
prosecutor did not claim accomplice liability in this case, but instead claimed
conspiratorial liability. What was it
about the facts of this case that compelled the prosecutor to essentially
concede that Daniel was not an accomplice of his brother’s crimes, but only a
co-conspirator in the crimes? It was the
fact that Daniel was in jail the whole time the crimes had been going on.
Why
is it that Daniel could have been an accomplice if he was out of jail, but he
can’t because he is in jail? In other
words, why would his presence outside the prison probably make him an accomplice?
What is it about being in the prison that makes all the difference in
the world to the accomplice liability aspects of this case?
If
A and B agree that they’re going to violate the tax laws (conspiracy), why does
that agreement between A and B also probably create accomplice liability just
from the nature of the agreement? It’s
the encouragement! It’s just the
psychological feeling of “someone having your back”. That can be enough to make you an accomplice. If there’s any encouragement in having you on
your side, it is eliminated by having your accomplice in jail where they can’t
really psychologically encourage you in any meaningful way. The prosecutor says, okay, we can’t do that,
fine. We’ll just get him on
conspiratorial liability.
This
is called the “Pinkerton principle”. Lawyers often use a case name as a shorthand for talking about certain issues. This case is known by all lawyers.
The
second point is that even though this is a United States Supreme Court opinion,
the Supreme Court wasn’t applying the Constitution in this case,
rather, it was interpreting federal statutes.
Therefore, this case has no precedential
importance to any state in this
country. It’s not an interpretation of
the Constitution, it’s an interpretation of federal statutes. States don’t follow federal law; they follow
their own law. However, most states apply this principle to
their own law. The Model Penal Code and
most scholars, however, reject the Pinkerton
principle.
Note 2, p. 770
What offenses were each person personally
responsible for? Then what about accomplice
liability and conspiracy liability?
Say the jurisdiction in
question uses relatively “normal” law as we know it, what crimes have been
committed?
Solicitation merges
automatically into later crimes. A’s solicitation will merge into the conspiracy.
The crime of conspiracy does not merge into the completed
crime. A person can be found guilty of
conspiracy to rob a bank and the
completed robbery.
As a conspiracy gets bigger,
the idea that one person may have been encouraged by others gets smaller.
It
doesn’t surprise us that the “ringleader” has the most culpability even though
they did the least stuff.
But
who would be guilty under Pinkerton? I think everybody would be guilty of
everything…yep! What’s the
standard? What’s the test? What’s the rule under Pinkerton for when someone
is guilty under conspiracy liability as opposed to accomplice liability? If the crime was committed in furtherance of
the conspiratorial objective, everybody is liable for that crime or if it is
foreseeable that it would occur.
Every
single crime committed in furtherance of the conspiracy or is a foreseeable
consequence of the conspiracy will be the fault of all the participants in the
conspiracy. Zowie!
It’s
clear that if anybody got killed during the robbery everyone would be guilty of
murder. But the main idea of Pinkerton
is that everybody is guilty of
everything! This is a lot different
than how it would come out with accomplice liability, where the “ringleader”
would be more culpable than the “muscle”.
Kotteakos v.
There
was a drug case with smugglers, middlemen, and retailers in
Prosecutors
like this! Defense attorneys don’t like
it. I like it!
The
Supreme Court accepts this. The reality
is that it is rare for the little guy in
The
point is that Pinkerton gives prosecutors an
immensely powerful weapon. The Model
Penal Code doesn’t buy into it, though.
To
be a member of a conspiracy, you must know that there is a conspiracy and what
the objectives of the conspiracy are.
You don’t need to know the members
of the conspiracy, but you have to know that you’re in a group that’s up to
something.
The
Model Penal Code has another way of defining conspiracy, though we won’t worry
about that.