Criminal Law · Wharton Rule
Clear answer to: What Is The Test For Wharton Rule in Criminal Law? with key cases, examples, and exam tips for law students.
The Wharton Rule states that a conspiracy charge cannot stand if the agreement is exclusively between persons who are the only parties necessary to commit the substantive crime. In essence, when the crime itself requires at least two participants, a conspiracy charge cannot be sustained.
The Wharton Rule is a principle in criminal law which holds that certain co-conspirators cannot be prosecuted for conspiracy when the underlying crime is capable of being committed by a specific number of individuals. In other words, if the substantive offense itself requires more than one party to commit the act, then a conspiracy charge against those parties cannot be maintained. This legal doctrine aims to prevent surplus conspiracy charges in situations where the agreement to commit a crime is composed solely of the individuals needed to perpetrate that crime.
A typical application of the Wharton Rule is found in crimes such as drug trafficking or prostitution, where the offense inherently involves two or more participants. For instance, if two co-defendants are charged with conspiracy to sell illicit drugs, but the crime requires at least two people (the seller and the buyer), then prosecuting them for conspiracy may be impermissible.
However, the rule does not apply to offenses where additional persons can join the scheme or where a conspiracy involves parties outside of the necessary elements of the crime. For example, if one of the members in a conspiracy to sell drugs is a third party acting as an enforcer or facilitator, the defense may not raise the Wharton Rule as a claim.
The relevant considerations when invoking the Wharton Rule involve determining whether the nature of the crime necessitates a specific number of participants and whether those participants were the only necessary accomplices involved. This often requires looking at the statute defining the crime and understanding its elements and requisite parties.
The Wharton Rule, while impactful, is not universally applicable and is often subject to jurisdictional interpretation, indicating that students should be familiar with their respective jurisdictions' application of this doctrine.
For instance, if A and B agree to rob a bank, they cannot be charged with conspiracy under the Wharton Rule if the crime of robbery, by its nature, requires at least two individuals (the robbers). If a third party, C, was involved in making the plan, then they could be charged with conspiracy, thus allowing the prosecution to sidestep the limitations imposed by the Wharton Rule.
The Wharton Rule may appear on exams in questions assessing students' understanding of conspiracy and its limitations. Students may be asked to apply the rule to hypothetical fact patterns involving varying numbers of co-defendants.