Thanks for introducing us to Wharton’s Rule, though I’ve found several online sources that disagree with your interpretation of it. Here’s one:
What is the WHARTON'S RULE? Law Dictionary | LexRoll.com
“Wharton’s Rule prevents a conspiracy conviction when an underlying substantive offense requires more than one actor,
such as adultery or dueling, and in which the immediate consequences of the crime rest on the parties themselves rather than on society.”
Unlike adultery or dueling, the act of murder--or hindering prosecution-- doesn’t take more than one person to accomplish.
Note that the state has recently charged MT with
both tampering with physical evidence
and conspiracy to tamper with it. Sentencing is up to the court. Two different 20-yr sentences can be served simultaneously rather than consecutively, if the court rules that way.
Can you cite the CT statute that deals with Wharton's Rule?
Apologies if I created confusion, its hard to know the balance of providing to much information and not enough. So basically when I look up a statute, I usually then immediately look up the legislative notes/annotations, which are more in depth notes from law makers on the laws intent and then I usually try to find facts with similar cases to see how the state is applying the law. I left out a critical link my explanation which probably would have been super helpful.
Courts in Conn. have held that, under State v. Colon, 257 Conn. 587, 778 A.2d 875 (2001), “one can be tried for conspiracy while others either are found not guilty or ... are not indicted for the crime of conspiracy in the first instance.”
So no it makes no difference whether FD was charged with conspiracy because the courts dont require all co conspirators be charged. after re-reading my initial post im pretty sure my dyslexic brain switched the phrases Wharton's rule and double jeopardy, my apologies it was not my intent to confuse anyone. Sometimes a lesser charge merges with a greater charge because both statutes punish the defendant for the same conduct. this is more of s double jeopardy issue then a Wharton issue, apologies again (and please disregard the phrase Wharton rule from your memory, its super rare and you should use that mental space for something fun). Although a defendant may be charged by different staturwa, they may all be intended to punish the same conduct and therefore cause a double jeopardy issue.
"an examination of the legislative intent is necessary in order to avert multiple punishments for the same crime and thereby prevent the sentencing court from prescribing greater punishment than the legislature intended.” Missouri v. Hunter, 459 U.S. 359, 366, 103 S.Ct. 673, 678, 74 L.Ed.2d 535 (1983)."
‘ “Double jeopardy analysis in the context of a single trial is a two-step process. First, the charges must arise out of the same act or transaction. Second, it must be determined whether the charged crimes are the same offense. Multiple punishments are forbidden only if both conditions are met.” ’ State v. Boucino, 199 Conn. 207, 222, 506 A.2d 125 (1986).”
In Connecticut the court holds "the legislature intended that manslaughter in the first degree and felony murder “should be treated as a single crime for double jeopardy purposes.” State v. John, supra, 210 Conn. at 695, 557 A.2d 93. So my original thought that I totally failed to include was that FD may not have been charged with conspiracy because the Conspiracy to commit a crime and actual committing that same crime a deemed a single crime for sentencing purposes and out of habit just left it off the charges. for example if FDs only act in furthering the conspiracy was actually committing the murder, then being charge with homicide and conspiracy to commit homicide causes a double jeopardy violation. there could be several reasons they choose to charge this way but unfortunately we wont know for sure until everything comes out at trial. Apologies again for my dyslexia mix up, i really do like helping other people understand the crazy world of law so Im genuinely sorry for the mix up