Two individuals, Alex and Ben, plan to rob a convenience store. Alex provides the getaway car and waits outside while Ben enters the store with a weapon. During the robbery, Ben, unexpectedly and without Alex's prior knowledge or encouragement, assaults the store clerk, inflicting serious injury. Alex is unaware of the assault until Ben returns to the car. Under the common law 'Pinkerton Rule' of accomplice liability, what is Alex most likely liable for?
- ARobbery and Battery, as the assault was a foreseeable consequence of the robbery.
- BConspiracy to commit robbery, but not the robbery or assault, due to lack of direct participation in the assault.
- CRobbery only, as he did not intend or know about the assault.
- DRobbery and Assault with a Deadly Weapon, as all crimes committed during the felony are attributable to accomplices.
Show answer & explanationAnswer & explanation
Correct answer: A. Robbery and Battery, as the assault was a foreseeable consequence of the robbery.
Under the 'Pinkerton Rule' (which is a common law doctrine, though often associated with federal conspiracy law), a conspirator is liable for all foreseeable substantive crimes committed by co-conspirators in furtherance of the conspiracy. While Alex did not specifically intend the assault, a battery (or assault) on a victim during an armed robbery is generally considered a foreseeable consequence of such a felony. Therefore, Alex is likely liable for both the robbery (as an accomplice) and the battery committed by Ben.
Why the other options are wrong
- B. Alex is clearly an accomplice to the robbery by providing the getaway car and assisting in the plan, making him liable for the robbery itself, not just conspiracy.
- C. This is incorrect under Pinkerton, as foreseeable crimes are imputed.
- D. While Pinkerton extends liability, it's typically for foreseeable crimes. Assault with a Deadly Weapon might be considered if the weapon was used, but the question specifies 'assault' and 'serious injury,' which aligns with Battery. The specific intent for Assault with a Deadly Weapon might not be imputed without more facts.
Pinkerton Rule (Accomplice Liability)
A common law rule (often applied in federal conspiracy cases) that holds a conspirator liable for all foreseeable substantive crimes committed by co-conspirators in furtherance of the conspiracy, even if the conspirator did not directly participate in or specifically intend those additional crimes.
- Applies to conspirators/accomplices
- Liability for substantive crimes of co-conspirators
- Crimes must be in furtherance of the conspiracy
- Crimes must be foreseeable
Memory trick: Accomplice's bind: aid, abet, and foreseeable crime you'll find.