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CORRECTION: Conspiracy does NOT MERGE under MPC and modernly not under common law either. The episode incorrectly states that it does. A particular source I referenced appears to be incorrect, but I cross-referenced with four other reputable sources and they all indicate that conspiracy does not merge with the completed crime. Under very old common law, conspiracy was a misdemeanor and it did merge, but all jurisdictions now consider it to be a separate crime which never merges. They want to discourage agreements to commit crimes as is evident by Pinkerton and hearsay exception. Of course, attempt and solicitation do merge.
By Law Student Solutions2.5
22 ratings
CORRECTION: Conspiracy does NOT MERGE under MPC and modernly not under common law either. The episode incorrectly states that it does. A particular source I referenced appears to be incorrect, but I cross-referenced with four other reputable sources and they all indicate that conspiracy does not merge with the completed crime. Under very old common law, conspiracy was a misdemeanor and it did merge, but all jurisdictions now consider it to be a separate crime which never merges. They want to discourage agreements to commit crimes as is evident by Pinkerton and hearsay exception. Of course, attempt and solicitation do merge.

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