Jurisdiction and General Matters

Question 1

When does a state have jurisdiction over a crime?

Answer 1

State has jdxn over crime if:

• any element occurred in that state
• act outside state caused result in state
• or result should have happened in state

Question 2

What is the rule re: “merger” ?

Answer 2

The following crimes “merge” into substantive offenses:

1. solicitation; and
2. attempt

RESULT –> you cannot be convicted of solicitation/attempt AND the crime

Question 3

Does conspiracy merge?

Answer 3

No.

Conspiracy is a separate offense.

Question 4

In general, what are the essential elements of a crime?

Answer 4

Usually -

1. Physical Act (actus reus); AND
2. Mental state (mens Rea)

MAY –> also require proof of result and causation