This is part of ongoing research for an upcoming scholarly article regarding the American Jurisprudence concept of criminal law merger and potential expansion to dissimilar crimes based on the concept of קם ליה בדרבה מיניה.
אי דקטלה קם ליה בדרבה מיניה אמר רב שימי מחוזנאה כגון שקיבל לה קידושין מאחר אמר רב אי שוויתיה שליח איהי קא מבטלא ליה אי לא שוויתיה שליח כל כמיניה ולא כלום היא
If he cannot remarry her because he killed her, he will be executed, not flogged, based on the principle: He receives the greater punishment. Rav Shimi of Meḥoza said: He nullifies the possibility of remarriage in a case where he received, on her behalf, the money for betrothal from another, thereby ensuring that his own remarriage to her is no longer an option. Rav said: That is not a viable solution; if his ex-wife designated him as an agent to receive the money of betrothal on her behalf, it is she who nullifies the possibility of fulfilling the mitzva for him, as a woman is betrothed only with her consent, and he is not liable at all. If she did not designate him as an agent, is it in his power to accept betrothal on behalf of a woman who did not designate him to do so? His action is nothing, and the betrothal does not take effect.
אי דקטלה קם ליה בדרבה מיניה אמר רב שימי מחוזנאה כגון שקיבל לה קידושין מאחר אמר רב אי שוויתיה שליח איהי קא מבטלא ליה אי לא שוויתיה שליח כל כמיניה ולא כלום היא
If he cannot remarry her because he killed her, he will be executed, not flogged, based on the principle: He receives the greater punishment. Rav Shimi of Meḥoza said: He nullifies the possibility of remarriage in a case where he received, on her behalf, the money for betrothal from another, thereby ensuring that his own remarriage to her is no longer an option. Rav said: That is not a viable solution; if his ex-wife designated him as an agent to receive the money of betrothal on her behalf, it is she who nullifies the possibility of fulfilling the mitzva for him, as a woman is betrothed only with her consent, and he is not liable at all. If she did not designate him as an agent, is it in his power to accept betrothal on behalf of a woman who did not designate him to do so? His action is nothing, and the betrothal does not take effect.
In criminal law, if a defendant commits a single act that simultaneously fulfills the definition of two separate offenses, merger will occur. This means that the lesser of the two offenses will drop out, and the defendant will only be charged with the greater offense. This prevents double jeopardy problems from arising.