Overview and General Matters

Question 1

State Jurisdiction Over Crimes

Answer 1

Act committed in state or result occurred in state

Question 2

Common law Merger

Answer 2

IF person’s conduct is both a felony and a misdermeanor, person can ONLY be convicted of the felony.

Question 3

Modern law Merger and inchoate crimes

Answer 3

Generally, no merger.

Solicitation merges with completed crime. (ie cannot be convicted of both.)

Attempt merges with completed crime. (ie cannot be convicted of both).

But Conspiracy does NOT merge. Can be convicted of both conspiracy and completed crime.

D may not be convicted of more than one “inchoate” crimes (attempt, conspiracy, or solicitation) when their conduct was designed to culimate in the comission of the same offense

Question 4

Classification of crimes

Answer 4

1) Felonies
2) Misdermeanors

Felonies generally punishable by death or imprisonment for more than one year