Criminal law: Merger Doctrine

Question 1

Merger

Answer 1

Under the doctrine of merger, an accused may be convicted for only one offense despite the fact that he committed multiple offenses
(there are multiple types)

Question 2

Types: Inchoate Crimes

Answer 2

inchoate crimes= attemps, solicitaiton, & conspiracy

solicitation merges into conspiracy, attempt, and the completed crime

attempt merges into the completed crime

but conspiracy does NOT merge into attempt or the completed crime (e.g., a person may be convicted of murder and conspiracy to commit murder)

Question 3

Types: Lessor included offense

Answer 3

“Lesser included offenses” merge into the greater offense; a lesser included offense is one that consists entirely of some, but not all, elements of the greater offense

Question 4

Types: Robbery

Answer 4

larceny and assault (or battery) merge into robbery (or attempted robbery)

because all of the elements of both larceny and assault (or battery) must be proved for robbery (or attempted robbery)

Question 5

types: Felony murder

Answer 5

the underlying felony (e.g., robbery) merges into felony-murder, assuming there is only one victim

but reckless driving (or DUI) does not merge into involuntary manslaughter (even where the reckless driving caused the death)

because each crime requires proof of at least one distinct element—a person may be convicted of reckless driving without causing a death and may be convicted of involuntary manslaughter without using a vehicle

Question 6

Types: Inchoate Crimes: MPC Rule

Answer 6

Under the ALI Model Penal Code (“M.P.C.”), a defendant who intends to commit a single crime (e.g., murder) may not be convicted of more than one inchoate crime.