Intro

Question 1

When does a state have jdx over a crime?

Answer 1

• any act constituting an element of the crime occurred in the state
• act outside the state cause result in state
• crime involved neglect of duty imposed by state law
• attempt/conspiracy out of state + act in in state
• attempt/conspiracy in state + act out of state

Question 2

Under common law, what happens when someone commits act that constitues both a misdemeanor and a felony?

Answer 2

The two crimes merge (merger doctrine) into the greater of the two, so person would just be able to be charged with felony.

Question 3

Under MPC, what is a the rule wrt merger of crimes?

Answer 3

Generally no merger (person can be convicted of more than one crime stemming from same act), UNLESS:
- person who solicits someone to commit crime cannot be convicted of both solicitation + committing
- person who completes crime after attempt, cannot be convicted of both attempt and completion
BUT can be convicted of both conspiracy & completion
ALSO, cannot be convicted of more than 1 inchoate crime - e.g. conspiracy and attempt - wrt same act

Question 4

Can a D who has been convicted of felony murder later be convicted of the felony at issue in that murder?

Answer 4

No, double jeopardy prohibits conviction of someone for a lesser included offense if they have already been put in jeopardy for the greater offense.