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The Pinkerton liability rule does service where the conspiracy is one to commit offenses of the character described in the substantive charges. [3] Aiding and abetting has a broader application. It makes a defendant a principal when he consciously shares in any criminal act, whether or not there is a conspiracy.
Pinkerton v. United States , 328 U.S. 640 (1946), is a case in the Supreme Court of the United States . [ 1 ] The case enunciated the principle of Pinkerton liability , a prominent concept in the law of conspiracy .
Under the Pinkerton rule, the conspirator could be held liable for crimes that they did not participate in or agree to or aid or abet or even know about. The basis of liability is negligence - the conspirator is responsible for any crime that was a foreseeable consequence of the original conspiratorial agreement.
Union organizer Frank Little was pulled from his bed and lynched in 1917 because of his union activities.. Historically, violence against unions has included attacks by detective and guard agencies, such as the Pinkertons, Baldwin Felts, Burns, or Thiel detective agencies; citizens groups, such as the Citizens' Alliance; company guards; police; national guard; or even the military.
Pinkertons and militia at Homestead, 1892 – One of the first union busting agencies was the Pinkerton National Detective Agency, which came to public attention as the result of a shooting war that broke out between strikers and three hundred Pinkerton agents during the Homestead Strike of 1892. When the Pinkerton agents were withdrawn, state ...
Homestead Strike: [20] Pinkerton Guards, trying to pave the way for the introduction of strikebreakers, opened fire on striking Carnegie mill steel-workers in Homestead, Pennsylvania. In the ensuing battle, three Pinkertons surrendered and were set upon and beaten by a mob of townspeople, most of them women.
Under the Noerr–Pennington doctrine, private entities are immune from liability under the antitrust laws for attempts to influence the passage or enforcement of laws, even if the laws they advocate for would have anticompetitive effects. [1]
Allan Pinkerton, founder of the Pinkerton National Detective Agency, played a key role in managing Lincoln's security throughout the journey. Though scholars debate whether or not the threat was real, Lincoln and his advisors clearly believed that there was a threat and took actions to ensure his safe passage through Baltimore, Maryland .