Overview & General Matters

Question 1

INTRODUCTION: GENERAL APPROACH

Answer 1

• In Criminal Law, examiners may tell you the law to apply if there is no prevailing view.
• For example:
  (1) Call of a question might tell you CL applies/ state follows MPC
  (2) Fact pattern may also include statute you are to apply
  (3) Question might reference well-known legal doctrine (ex. Wharton rule/M’Naghten test)
• If examiners do not tell you whether CL/statutory version of crime applies, its likely specific elements of crime are irrelevant to question—ex., question may concern whether voluntary intoxication is a defense, in which case relevant factor is the mental state crime requires, not other elements of crime

Question 2

JURISDICTION

Answer 2

• Generally, state has jurisdiction over a crime if:
  (1) Any act constituting an element of offense was committed in state
  (2) Act outside state caused result in state
  (3) Crime involved neglect of duty imposed by state law
  (4) There was an attempt/conspiracy outside state plus an act inside state, or
  (5) There was an attempt/conspiracy inside state to commit an offense outside state

Question 3

MERGER: Common Law

Answer 3

• At CL, if person engaged in conduct constituting both felony & misdemeanor, they could be convicted only of felony.
• Misdemeanor merged into felony.

Question 4

Modern Law

Answer 4

• Generally, there is no merger of crimes in American law.
• However, person who solicits another to commit a crime may not be convicted of both solicitation & completed crime (if person solicited does complete it).
• Person who completes crime after attempting it may not be convicted of both attempt & completed crime.
• Conspiracy does not merge w/ completed offense
• Under M.P.C., D may not be convicted of more than 1 inchoate crime (attempt, conspiracy, or solicitation) when conduct was to commit same offense.
• Ex., D who conspired to commit burglary & actually attempted to commit burglary could not be convicted of both conspiracy & attempt.

Question 5

Rules Against Multiple Convictions for Same
Transaction

Answer 5

• Double jeopardy prohibits trial/conviction for lesser included offense if D has been put in jeopardy for greater offense.
• Ex. D who was convicted of felony murder based on an armed robbery cannot be convicted later of armed robbery in same incident b/c armed robbery is lesser included offense of felony murder.
• However, ct can impose multiple punishments at a single trial where punishments are for 2/more offenses carrying separate punishments, even though offenses arise from same transaction

Question 6

CLASSIFICATION OF CRIMES

Answer 6

• 2 classes of crimes: felonies & misdemeanors.
• Felonies are generally punishable by death/ imprisonment for > 1 year
• Other crimes: misdemeanors.