HopefullyInLawSchool
16:17
Warning
Info
Warning
Info
LSDefine
Simple English definitions for legal terms
concert-of-action rule
Read a random definition: gestu et fama
A quick definition of concert-of-action rule:
The concert-of-action rule, also known as Wharton's rule, is a legal principle that states that an agreement between two or more people to commit a crime cannot be prosecuted as a conspiracy if the crime could not be committed without the actual number of participants involved. However, if an additional person participates to expand the scope of the agreement, all the actors may be charged with conspiracy. This rule is named after Francis Wharton, a criminal-law author. It helps determine legislative intent and supports a presumption that the conspiracy and the substantive offense merge when the latter is proved.
A more thorough explanation:
The concert-of-action rule, also known as Wharton's rule, is a legal doctrine that states that an agreement by two or more people to commit a particular crime cannot be prosecuted as a conspiracy if the crime could not be committed except by the actual number of participants involved.
For example, if two people plan to commit a crime that requires two people to carry it out, such as a bank robbery, they cannot be charged with conspiracy. However, if a third person joins in to help with the robbery, then all three can be charged with conspiracy.
The rule is named after Francis Wharton, a criminal-law author who lived in the 19th century. It is used in criminal cases to determine whether an agreement between two or more people constitutes a conspiracy.
It is important to note that the rule only applies to offenses that require concerted criminal activity, meaning that multiple people must be involved in order for the crime to be committed. If the crime can be committed by a single person, then the rule does not apply.