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Criminal Law • Preliminary Crimes
CRIMLAW#058
Legal Definition
A defendant may be prosecuted for attempt or the completed crime, but not both. The crimes merge (double jeopardy issue).
Plain English Explanation
Many crimes include an attempt, but not every crime attempted is successful. It would be pretty unfair to charge every criminal who successful completed a crime with both the crime and attempt of the crime. For this reason, "merger" is the legal mechanism that merges an attempted crime into the completed crime so that the defendant isn't charged twice.
Related Concepts
Does merger exist for conspiracy related crimes?
How can a participant of a conspiracy effectively withdraw?
How does factual impossibility affect attempt?
How does factual impossibility affect conspiracy?
How does legal impossibility affect attempt?
How does legal impossibility affect conspiracy?
In assessing the crime of solicitation, what is merger?
Under conspiracy, what constitutes an agreement?
What is attempt?
What is conspiracy?
What is solicitation?
What is the liability for co-conspirators' crimes?
What is Wharton's Rule?
What level of preparation is required to commit an attempt?
What type of intent is required for attempt?
