Wharton Rule | Definition

The Wharton Rule, also known as the “double-barrelled” exception, is a legal doctrine that holds that certain crimes, such as conspiracy or dueling, cannot be committed by a single person.

The Wharton Rule is a legal principle that has been applied in criminal law to determine whether certain types of conduct can be considered criminal offenses. The rule takes its name from the 19th-century legal scholar Francis Wharton, who first articulated the principle in his treatise on criminal law.

The basic premise of the Wharton Rule is that certain crimes, such as conspiracy or dueling, require the participation of two or more individuals in order to be committed. This means that if only one person is involved in criminal conduct, that person cannot be convicted of the offense.

The reasoning behind the Wharton Rule is that certain crimes, by their very nature, require the participation of two or more people in order to be committed. For example, conspiracy involves an agreement between two or more people to commit a crime, while dueling involves an agreement between two people to engage in a fight to the death. In both cases, it is impossible for the crime to be committed by a single person alone.

The Wharton Rule has been applied in a number of cases involving conspiracy and other crimes that require the participation of multiple individuals. However, the rule is not an absolute bar to prosecution, as there are certain exceptions that can apply in certain circumstances.

One such exception is the “independent crime” exception, which allows a single person to be charged with conspiracy if the individual’s actions in furtherance of the conspiracy also constitute a separate and distinct criminal offense. For example, if a person agrees with another to sell drugs and then goes on to sell drugs as part of that agreement, the person can be charged with both conspiracy and drug trafficking.

Another exception is the “impossibility” exception, which applies when the agreement to commit a crime is impossible to carry out due to circumstances beyond the control of the conspirators. For example, if two people agree to rob a bank that is no longer in business, they cannot be charged with conspiracy to rob the bank because the crime is impossible to commit.

Despite these exceptions, the Wharton Rule remains an important principle in criminal law, particularly in cases involving conspiracy and other crimes that require the participation of multiple individuals. By recognizing the limitations on the ability of a single person to commit certain crimes, the Wharton Rule helps to ensure that individuals are not unfairly prosecuted or punished for conduct that does not rise to the level of a criminal offense.