MBE Rules · Criminal Law
Withdrawal from conspiracy
The rule
At common law, withdrawal does not eliminate liability for the conspiracy itself (that crime was complete upon agreement, or upon the overt act), but it cuts off Pinkerton liability for co-conspirators' future crimes if the defendant communicates withdrawal to all co-conspirators in time for them to abandon. The MPC recognizes complete renunciation as an affirmative defense to the conspiracy charge itself only if the defendant thwarts the conspiracy's success.
In plain English
You cannot un-conspire, but you can stop the meter running on your co-conspirators' later acts by clearly bailing out in time.
The trap
Withdrawal must be communicated to every co-conspirator or by disclosure to law enforcement — silent departure is not enough.
Drill this rule until it can't fail you.
Vrenberg generates unlimited questions on this exact rule, tracks your mastery of it, and brings it back until it sticks.