Assuming insufficient evidence to prosecute Margo and Jeffrey for incest, the legal barrier against prosecuting them for conspiracy to commit incest is:
Margo and Jeffrey, who are brother and sister, are charged with incest and conspiracy to commit incest. The state plans to call both their spouses as witnesses. Both spouses will testify regarding phone calls they overheard and emails they found indicating an agreement between Margo and Jeffrey to meet at a hotel for the purpose of committing incest. One of the spouses will also testify that he went to the hotel room where he found Margo and Jeffrey together, although they were merely talking at the time.
a. the Pinkerton Rule
b. Wharton’s Rule
c. Hale’s Rule
d. the overbreadth doctrine
Answer: B
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