California First-Year Law Students' Exam (Baby Bar) — MCCriminal LawHard
A client, a former special forces operative, is approached by a criminal organization to participate in a bank robbery. He initially agrees and helps plan the escape route. However, a week before the robbery, he experiences a crisis of conscience, informs the police of the plan, and provides details that lead to the arrest of the other conspirators. In a jurisdiction following the common law rules for conspiracy, what is the client's liability for conspiracy?
- ALiable for conspiracy, as an overt act was performed.
- BLiable for conspiracy, as mere notification to police is insufficient for withdrawal.
- CNot liable for conspiracy, due to effective withdrawal.
- DLiable for conspiracy, but can claim renunciation as a mitigating factor.
Show answer & explanationAnswer & explanation
Correct answer: A. Liable for conspiracy, as an overt act was performed.
Under common law, once an agreement is formed and an overt act (like planning the escape route) is taken in furtherance of the conspiracy, the crime of conspiracy is complete. Withdrawal, even if effective in preventing the target crime, generally does not negate liability for the conspiracy itself, though it can negate liability for subsequent crimes committed by co-conspirators.
Why the other options are wrong
- B. While notification to police can be part of withdrawal, it doesn't negate the completed common law conspiracy.
- C. Common law withdrawal generally only limits liability for subsequent crimes by co-conspirators, not the conspiracy itself.
- D. Renunciation is typically a defense under the MPC, not common law, and usually requires preventing the crime.
Conspiracy (Common Law)
An agreement between two or more persons to commit an unlawful act, often requiring an overt act in furtherance of the agreement.
- Agreement is the 'gist' of the crime.
- Overt act requirement varies by jurisdiction (often required by statute, not always at common law).
- Withdrawal at common law does not negate conspiracy liability.
Memory trick: Crimes that start but don't finish, still punishable.