Under the merger rule, which offenses merge?

Under the merger rule, which offenses merge?

• A. Solicitation only
• B. Conspiracy only
• C. Solicitation, Conspiracy, and Attempt
• D. None

Answer: (C)

The idea being tested is how the merger rule treats inchoate offenses—solicitation, conspiracy, and attempt—when the target crime is actually carried out. The merger rule says that once the substantive offense is completed (or attempted), the related inchoate offenses collapse into that offense for purposes of punishment. That’s why all three can merge into the same act: they are different ways of framing the same criminal plan, and punishing them separately would amount to duplicative punishment for the same wrongdoing. So, if someone solicits another to commit a crime and the crime is committed, the solicitation is treated as having merged into the completed offense. If two people conspire to commit a crime and the crime is carried out, the conspiracy merges as well. If someone takes substantial steps toward committing a crime and the offense is completed, the attempt merges into the completed crime. Because each of these pathways is just an inchoate stage converging on the same end, all three merge under the merger rule.

The idea being tested is how the merger rule treats inchoate offenses—solicitation, conspiracy, and attempt—when the target crime is actually carried out. The merger rule says that once the substantive offense is completed (or attempted), the related inchoate offenses collapse into that offense for purposes of punishment. That’s why all three can merge into the same act: they are different ways of framing the same criminal plan, and punishing them separately would amount to duplicative punishment for the same wrongdoing.

So, if someone solicits another to commit a crime and the crime is committed, the solicitation is treated as having merged into the completed offense. If two people conspire to commit a crime and the crime is carried out, the conspiracy merges as well. If someone takes substantial steps toward committing a crime and the offense is completed, the attempt merges into the completed crime. Because each of these pathways is just an inchoate stage converging on the same end, all three merge under the merger rule.