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We do have various versions of the merger doctrine in US criminal law. The details depend on jurisdiction, but generally in order to be merged into a greater of
by bradleyjg 10y ago
We do have various versions of the merger doctrine in US criminal law. The details depend on jurisdiction, but generally in order to be merged into a greater offense the lesser included offense must have elements that are a strict subset.
For example, battery and murder will generally merge, but a breaking and entering leading up to the homicide will not.
- SmellTheGlove 10y agoAnd they normally need to be fully adjudicated as well. Your example is a good one.