MBE Tip: Conspiracy

Careful before picking the answer that claims someone withdrew from a conspiracy.

x and y agree to rob a bank, and they then go to the store with their bank robbery shopping list and purchase all that they need to rob a bank. x finds god and decides to not to take part in the crime. he doesn’t show up at the agreed upon robbery time: x did not withdraw from the crime of conspiracy. x finds god and tells y about his new crimeless, god-filled life and that he will take no part in the bank robbery: x did not withdraw from the crime of conspiracy. x finds god, tells y about his new crimeless, god-filled life and calls the police so that he prevents the bank robbery since the cops are waiting for y at the bank: x did not withdraw from the conspiracy. That last example is tricky. Be sure to distinguish withdrawing from the conspiracy (crime 1) with withdrawing from the bank robbery (crime 2). There’s a strong argument for withdrawal from crime 2. But once that agreement and act take place, crime 1 is complete. And there’s no withdrawing from a completed crime.

Some state laws, and even the model penal code, could change the analysis above. But, by default, unless told otherwise, the common law applies.