Merger of Conspiracy and Attempt

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espressounius

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Merger of Conspiracy and Attempt

Postby espressounius » Tue Jul 03, 2018 4:23 am

Here's a statement from the Barbri Crim Law Outline :

"Under the MPC, a defendant may not be convicted of more than one inchoate crime when his conduct was designed to culminate in the commission of the same crime. For example, if a defendant conspired to commit burglary, and then actually attempted to commit burglary; she could not be convicted of both conspiracy and attempt because her conduct was designed to culminate in a single crime - burglary."

Conspiracy does not merge; I got that. Attempt merges; I got that too.

BUT, under the statement I quoted above, if the fact pattern tells me that Defendant conspired and then attempted (so two inchoate crimes); I cannot pick an answer choice that states "convicted of both attempted crime and conspiracy for the crime"? Then is he convicted of attempt or conspiracy?

How does one decide which inchoate merges into the other? Does attempt merge to conspiracy or vice versa?

Thank you!

Scrichard1279

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Re: Merger of Conspiracy and Attempt

Postby Scrichard1279 » Tue Jul 03, 2018 6:51 am

Excellent post. In my opinion, they know it does not make sense but the way they word it they can always get at least one of the two. Do not be deceived though, both merge , they simply alter words. Premeditated murder I think fits.

jrc223

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Re: Merger of Conspiracy and Attempt

Postby jrc223 » Tue Jul 03, 2018 8:01 am

I think they "merge" in the sense that a defendant could be convicted of either, but not both. So in your example, the defendant could be convicted of conspiracy or attempt, depending on prosecutorial discretion.



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