Overview and General Matters

Question 1

Generally, a state has jurisdiction over a crime if:

Answer 1

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

Question 2

Under the common law, describe how merger of crimes works.

Answer 2

A person whose conduct constitutes both a felony and a misdemeanor could only be convicted of the felony. The misdemeanor merged into the felony.

Question 3

Under modern American law (excluding MPC), describe how merger of crimes works. (3 main points)

Answer 3

Generally, there is no merger of crimes. There are 2 exceptions:

(1) A person who solicits another to commit a crime may not be convicted of both the solicitation and the crime
(i. e., a person who commits solicitation cannot be convicted of both solicitation and the solicited crime, if the solicited person actually completes the crime)
(2) A person who completes a crime after attempting it may not be convicted of both the attempt and the completed crime.
(i. e., a person who attempts a crime and actually completes the crime cannot be charged both with attempt and the crime)
(3) Conspiracy DOES NOT merge with the completed crime.
(i. e., a person who conspires to commit some crime and actually commits the crime can be charged with BOTH conspiracy and the crime)

Question 4

Under the MPC, describe how merger of crimes works.

Answer 4

A defendant may not be convicted of more than one inchoate crime (e.g., attempt, conspiracy, or solicitation) when their conduct was designed to result in the commission of the same offense.

(e.g., a defendant who conspired to commit a burglary and then actually attempted to commit burglary could not be convicted of both conspiracy and attempt)

Question 5

What is the difference between felonies and misdemeanors?

Answer 5

(1) felonies: generally punishable by death or imprisonment for more than one year
(2) misdemeanors: all other crimes, generally punishable by fine or imprisonment for less than one year