Inchoate Offense - Merger Doctrine

Merger Doctrine

The doctrine of merger has been abandoned in many jurisdictions in cases involving a conspiracy, allowing an accused to be convicted of both conspiracy and the principal offense. However, an accused cannot be convicted of either attempt or solicitation and the principal offense.

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    Hume’s doctrine was that the circumstances vary, the amount of happiness does not; that the beggar cracking fleas in the sunshine under a hedge, and the duke rolling by in his chariot; the girl equipped for her first ball, and the orator returning triumphant from the debate, had different means, but the same quantity of pleasant excitement.
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