Crim Law Overview

Question 1

When Does a State Have Jurisdiction Over a Crime?

Answer 1

Any act constituting an element of the offense was committed in the state

An act outside the state caused a result in the state

The crime involved the neglect of a duty imposed by the law of the state

There was an attempt or conspiracy outside the state plus an act inside the state, or

There was an attempt or conspiracy inside the state to commit an offense outside the state

Question 2

Merger (CL)

Answer 2

If a person engaged in conduct constituting both a felony and a misdemeanor, they could be convicted only of the felony. The misdemeanor merged into the felony.

Question 3

Merger (Modern Law)

Answer 3

Generally, there is no merger of crimes, EXCEPT:
- Solicitation + Completed Crime will merge
- Attempt + Completed Crime will merge

BUT conspiracy DOES NOT merge (i.e., can be convicted of both the actual crime and conspiracy to commit the crime)

MPC: Defendant may not be convicted of more than one inchoate crime

Question 4

Classifications of Crimes

Answer 4

• Felonies (generally punishable by death or imprisonment for more than one year)
• Misdemeanors