Conspiracy

[resipsacrap]

I'm quite confused about this particular aspect of conspiracy: when you have 2 people who are charged with the crime and one of them is acquitted, does it necessarily mean the other must be acquitted? I've run across this in a couple of multiple choice questions and I'm sorta confused. I thought I remember the PMBR lecture say that at common law

Comments

[lawgeekgurl]

I think unless the other person is the spouse or "victim" of the crime (as in, two people required to commit the crime of statutory rape, and the other is the underage individual), any person can be convicted of conspiracy to commit a crime even if the other person isn't convicted, and even if circumstances exist that would make the actual commission of the crime impossible. I think what you're thinking of is the Wharton Rule, which may be the rule in some states still.

"The so-called Wharton's rule (also known as "Concert of Action Rule") regarding conspiracies is relatively simple: Unless the statute specifies otherwise, when two people are required to commit a crime, such as gambling or prostitution, there can be no charge of conspiracy where only two people are involved. The reasoning behind this rule, which has been enacted in many states, is that conspiracies, by their very nature, bring together individuals with different resources and abilities. This group action is dangerous. However, where there are only two people involved in a crime that requires two people to commit it, there are no concerted group action. In order to prosecute under gambling or prostitution as a conspiracy, most states require more than two people involved."

[resipsacrap]

Thanks, CB. I hate crim law sometimes!