California First-Year Law Students' Exam (Baby Bar) — MCCriminal LawHard
A client, a former special forces operative, is approached by a criminal organization to plan and execute a complex bank heist. The client agrees, and over several weeks, develops detailed blueprints of the bank, identifies security weaknesses, and creates an escape route. However, before acquiring any weapons or recruiting accomplices, the client has a change of heart and decides not to proceed with the heist. The client is charged with conspiracy. What is the client's most likely defense under the common law of conspiracy?
- AImpossibility, because the client never acquired the means to commit the crime.
- BLack of Overt Act, because no steps were taken beyond mere preparation.
- CWithdrawal, because the client abandoned the plan before its execution.
- DRenunciation, because the client voluntarily and completely abandoned the criminal purpose.
Show answer & explanationAnswer & explanation
Correct answer: B. Lack of Overt Act, because no steps were taken beyond mere preparation.
Under common law, conspiracy requires not only an agreement but also an overt act in furtherance of the conspiracy by at least one conspirator. While the client developed plans, these are typically considered mere preparation and not an overt act. Without an overt act, a common law conspiracy generally has not been formed.
Why the other options are wrong
- A. Impossibility is generally not a defense to conspiracy if the conspirators believed they could commit the crime.
- C. Withdrawal is a defense to subsequent crimes committed by co-conspirators, but not to the conspiracy itself once formed, especially if an overt act has occurred.
- D. Renunciation is typically a defense to attempt or under the MPC for conspiracy, but less so for common law conspiracy once the agreement and overt act are complete.
Conspiracy (Common Law)
An agreement between two or more persons to commit an unlawful act or a lawful act by unlawful means, often requiring an overt act.
- Requires two or more persons.
- Agreement to commit an unlawful act.
- Some jurisdictions require an overt act in furtherance of the conspiracy.
Memory trick: Inchoate: Almost there, but not quite.