Also known as: felony merger doctrine · felony-merger doctrines · merger doctrine
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
A common law rule under which inchoate offenses such as solicitation, attempt, and conspiracy are treated as misdemeanors. Completion of the principal felony by the defendant or another actor causes the inchoate conduct to merge into the completed crime, barring separate convictions on the preliminary charges.
A common law rule under which inchoate offenses such as solicitation, attempt, and conspiracy are treated as misdemeanors. Completion of the principal felony by the defendant or another actor causes the inchoate conduct to merge into the completed crime, barring separate convictions on the preliminary charges.
Select any source to read its text and confirm it supports the definition.
A historical common law doctrine that barred civil recovery for an act constituting both a tort and a felony. The tort claim was treated as subordinate to the offense against the Crown and merged into or was preempted by the felony.
Select any source to read its text and confirm it supports the definition.
A historical common law doctrine that barred civil recovery for an act constituting both a tort and a felony. The tort claim was treated as subordinate to the offense against the Crown and merged into or was preempted by the felony.
Each sense below has its own examples, sources, and questions.
Bob and Jeffrey agreed to divert medications and Bob solicited Gavin to assist. Gavin later completed the diversion. The completed felony absorbs the preliminary acts, so Bob cannot be convicted separately on the solicitation and conspiracy charges.
Yes. At common law the doctrine treats solicitation, attempt, and conspiracy as preliminary misdemeanors. When the principal felony is completed by any connected actor, the inchoate charges merge into the completed crime and separate convictions are barred.
Supporting sources
Defendant committed a felonious assault on Plaintiff causing severe injury. Plaintiff filed a civil tort suit for damages. Under the historical rule the tort claim merged into the felony, extinguishing any separate civil recovery for the same conduct.
A shipboard death gives rise to both a potential tort claim and a felony. Under the historical rule the tort merged into the felony and civil recovery was unavailable. Modern courts reject the bar and permit the wrongful death action to proceed.
The doctrine held that a tort committed through a felonious act merged into the felony. Because the felony was an offense against the Crown and carried forfeiture of property, no civil recovery was permitted for the same conduct.
Supporting sources
No. The doctrine has been abandoned in modern American law. Courts now permit tort and wrongful death claims even when the underlying conduct also constitutes a felony.
Supporting sources
…substantial basis for the rule at common law is a feature of the early English law that did not survive into this century— the felony-merger doctrine. See Pollock, supra , at 52-57; Holdsworth, The Origin of the Rule in Baker v. Bolton , 32 L. Q. Rev. 431 (1916). According to this doctrine, the common law did not allow civil recovery…