Crim Law Question - Conspiracy

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Crim Law Question - Conspiracy

Postby 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.


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Re: Crim Law Question - Conspiracy

Postby happyhour1122 » Sat Feb 18, 2017 10:25 pm

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


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Re: Crim Law Question - Conspiracy

Postby 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.

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