I can’t figure this out…please help!!!?
John and Jane were running a student loan “scam.” They were convicted of soliciting several students to make false applications in exchange for a “cut” of the loan proceeds and also for aiding and abetting those same students in making false applications for loans. On appeal, they argue that the solicitation charges merged into their convictions for aiding and abetting the making of the false applications. The state responds that John and Jane assisted the students in making the false applications. How should the appellate court rule on this appeal? Why?
“Solicitation to commit a crime and attempt to commit a crime, although not strictly speaking lesser included offenses, merge into the completed crime. As an important exception, however, the crime of conspiracy does not merge into the completed crime. ” http://en.wikipedia.org/wiki/Doctrine_of_merger#Criminal_law
“Solicitation is also subject to the doctrine of merger, which applies in situations where the person solicited actually commits the crime. In such a situation, both Alice and Bob could be charged with the crime as accomplices, which would preclude conviction under solicitation; a person cannot be punished for both solicitation and the crime solicited.”
http://en.wikipedia.org/wiki/Solicitation
“What is an Accomplice?
An accomplice is someone who intentionally assists the primary party in committing a crime. At common law, this type of activity is usually described as ¿aiding and abetting¿ or encouraging, procuring, soliciting, or advising the commission of the crime. ”
http://www.legalmatch.com/law-library/article/accomplice-criminal-liability.html
What’s all this mean to you? They prevail on appeal. because as aiders and abettors, they are liable under accomplice liability for the crime just as the students that actually committed the crime. thus, they cannot be also liable for solicitation because it merges with the underlying crime they were charged with.
