Crim Law Question - Conspiracy Forum

Discussions related to the bar exam are found in this forum
Forum rules
Anonymous Posting

Anonymous posting is only appropriate when you are sharing sensitive information about bar exam prep. You may anonymously respond on topic to these threads. Unacceptable uses include: harassing another user, joking around, testing the feature, or other things that are more appropriate in the lounge.

Failure to follow these rules will get you outed, warned, or banned."
KirbyKager

New
Posts: 27
Joined: Sun Nov 22, 2015 11:30 pm

Crim Law Question - Conspiracy

Post by KirbyKager » Sat Feb 18, 2017 10:24 pm

As I understand, conspiracy does not merge with the substantive crime it is associated with.

Saw a practice mbe question that seemed to imply that conspiracy merged with, and absorbed solicitation. Can anyone confirm or deny this?

THanks in advance....Good luck with your final days of studying.

happyhour1122

Silver
Posts: 1064
Joined: Wed Feb 08, 2017 5:08 pm

Re: Crim Law Question - Conspiracy

Post by happyhour1122 » Sat Feb 18, 2017 10:25 pm

It does not merge.
What question were you looking at?

YalteseFalcon

New
Posts: 52
Joined: Fri Jan 27, 2017 5:28 pm

Re: Crim Law Question - Conspiracy

Post by YalteseFalcon » Sat Feb 18, 2017 11:02 pm

Solicitation and attempt DO merge into the completed crime. Conspiracy does not.

Was the explanation saying that solicitation merged (and conspiracy survived)? This would be correct.

So, I go to my friend Mary and say I'd like her to help me burn down a house. We talk about how we're going to do it, get the necessary tools, and go to the house. We set fire to it and complete the crime. We are both guilty of arson and conspiracy. My solicitation of Mary merges into the completed crime, however.

BUT, if I go to Mary and explain my intention to burn down the house, try to persuade her, but she says "no," I am guilty of solicitation. If I go ahead and complete the crime, I am also of course guilty of arson.

Post Reply Post Anonymous Reply  

Return to “Bar Exam Prep and Discussion Forum”