General Matters

Question 1

Jurisdiction

Answer 1

A state has jurisdiction over a crime if:

1. Any act constituting an element of the offense was committed in the state,
2. an act outside the state caused a result in the state,
3. The crime involved the neglect of a duty imposed by the law of the staet,
4. There was an attempt or conspiracy outside the state plus an act inside teh state, or
5. There was an attempt or conspiracy inside the state to commit an offense outside the state.

NOTE: there can be two places with jurisdiction over the crime.

Question 2

Merger - CL

Answer 2

If a person engaged in conduct constituting both a felony and a misdemeanor, they could be convicted only of the felony. The misdemeanor merged into the felony.

Question 3

Merger - Modern

Answer 3

A person who solicits another to commit a crime may not be convicted of both the solicitation and the completed crime.

Similarly, a person who completes a crime after attempting it may not be convicted of both the attempt and the completed crime.

Conspiracy does not merge with the completed offense.

Under MPC, a D may not be convicted of more than one inchoate crime when their conduct was designed to culminate in the commission of the same offense.

Question 4

Rules against multiple convictions for same transaction

Answer 4

Double Jeopardy prohibits trial or conviction of a person for a lesser included offense if they have been put in jeopardy for the greater offense.

Question 5

Classification of Crimes

Answer 5

Felonies and Misdemeanors

Felonies are generally punishable by death or imprisonment for more than one year; other crimes are misdemeanors.