Merger

Merger: does conspiracy merge into the completed offense?

  • Majority Jurisdictions: No merger. Conspiracy and the completed target offense are distinct crimes.
    • ∆ may be punished for both conspiracy to commit robbery AND robbery.
  • Minority Jurisdictions: Conspiracy merges into the completed offense; ∆ is punished only for the completed crime.

Rationale for non-merger (majority): conspiracy attacks a different evil (the agreement / group dynamic) than the substantive crime, and prosecutors should not be forced to choose.

Compare:

  • Attempt usually does merge into the completed offense.
  • Conspiracy usually does not merge.