Crim Law Intro Flashcards
Sources of Law
- Common law
- Model Penal Code
- Statutory law
Jurisdiction
RULE: state may prosecute crime if significant portion of prohibited conduct or result occurred in that state.
Jurisdiction: multiple prosecutions
- Same State: Double Jeopardy bars multiple prosecutions of sam offense by same sovereign
- Different States: may prosecute same criminal activity as long as prohibited conduct or result occurred in those states (different sovereigns=different crimes)
Jane bought pot in KCMO. Drove home to KCK, before smoking. Jurisdiction for possession?
Both Missouri and Kansas.
Darcy, on MO side of KC, shoots and kills his mother in law on KS side. Jurisdiction for homicide?
Both Missouri and Kansas.
Merger
One crime is subsumed into another can be charged but cannot be convicted of both.
a. Lesser included offenses do merge into greater included offenses
ex. possession merges into possession with intent to distribute; assault merges into battery.
Does solicitation and attempt merger into a target offense?
YES they DO.
ex. attempted murder merges into murder.
Does conspiracy get merged into target offenses?
NO, it DOES NOT MERGE.
ex. conspiracy to murder does not merge into murder–it is separate.
Lydia and Wickham conspire to rob a bank and do it. Charged with conspiracy and robbery. Is there a merger?
No, conspiracy does not merge.
Lydia hires a felon to kill Wickham. He does, L charged with solicitation and murder. Is there a merger?
Yes, solicitation is merged into murder.
Darcy kills Bingley. Charged with manslaughter and murder. Is there a merger?
Yes, manslaughter will be merged into murder.
Burden of Proof
BEYOND REASONABLE DOUBT is the burden the state bears for every element of a crime.
