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Criminal Law • Preliminary Crimes
CRIMLAW#060
Legal Definition
A defendant may be prosecuted for solicitation or the completed crime, but not both. The crimes merge.
Plain English Explanation
Many crimes include a solicitation, but not every crime solicited is actually carried out by the solicited person. It would be pretty unfair to charge every person who solicits another of a crime with both their solicitation and being a party to the committed crime. For this reason, "merger" is the legal mechanism that merges a solicitation 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 attempt, 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?
