Module 1 - General Matters Flashcards
A state generally has jurisdiction over a crime if…
Any act constituting an element of the offense was COMMITTED IN THE STATE; and
an act outside the state caused a RESULT IN THE STATE
At common law, if a person engaged in conduct constituting BOTH a felony and a misdemeanor, they could be convicted ONLY of what?
the felony by merger of the misdemeanor
There IS/IS NOT merger of crimes in AMERICAN law
IS NOT
Under the MPC, can a defendant be convicted of more than one inchoate crime?
no
Example: Rick asks Carl to break into Megan’s house to steal an expensive bat and some hats. Carl agrees, and they set out to put their plan in place. What crimes can Rick be properly charged and convicted?
conspiracy only; agreement made the solicitation and conspiracy merge