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4 Cards in this Set
- Front
- Back
MERGER:
What is merger? |
Merger: when lesser crime merges into the greater crime, so that completion of the greater crime means that you CANNOT be convicted of the lesser crime.
You CANNOT be convicted of attempted murder if you are successful: the attempt merges into the actual murder. You CAN be convicted of conspiracy to commit murder and of murder of you plan to, and actually do, kill your victim. |
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JURISDICTION:
How does court get jurisdiction in criminal case? |
Two Ways Jurisdiction is Bestowed on a Court in a Criminal Case:
Conduct/Omission Result E.g. bullet fired from NJ into NY |
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MERGER
Which 2 substantive crimes DO merge into the substantive offense? |
2 Crimes that Do Merge
into the Substantive Offense: Solicitation (asking someone to commit a crime). Attempt B/c they merge, a defense to solicitation/attempt is “I did it!” |
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ACTS:
What 3 bodily movements do NOT qualify for criminal liability? |
3 Bodily Movements that do NOT qualify for criminal liability:
Not a product of own volition (pushed) Reflexive/Convulsive Act (seizure) Unconscious/Asleep (sleep walking) |