MBE Rules · Criminal Law
Solicitation and Merger
Solicitation — merger
The rule
Solicitation merges into the completed offense or into conspiracy if the solicitee agrees; the solicitor cannot be punished for both solicitation and the resulting crime.
In plain English
Solicitation occurs when one person encourages another to commit a crime. If the solicitee agrees to commit the crime, the solicitation merges into the completed offense or conspiracy, meaning the solicitor can only be charged with one of those, not both.
Worked example
Alice asks Bob to rob a bank, and Bob agrees to do it. After planning, Bob goes through with the robbery. Alice can only be charged with conspiracy to commit robbery, not solicitation and robbery separately.
Memory hook
Solicitation fades away when the crime is born.
The trap
Exams may present scenarios where students must distinguish between solicitation and conspiracy, leading them to mistakenly believe both can be charged simultaneously.
How examiners test it
Questions often involve fact patterns where a person solicits another to commit a crime, followed by the solicitee's agreement, testing the student's understanding of the merger principle.
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