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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.
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
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!”
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)