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Criminal Law • Preliminary Crimes
CRIMLAW#065
Legal Definition
To effectively withdraw from the target crime, a defendant must timely communicate to all other co-conspirators that the defendant is no longer a participant. He will remain liable for conspiracy, but not for the target crime.
Plain English Explanation
Conspiracies are team sports, but the law doesn't want to make people feel like once they've committed to a crime with their friends they are locked-in and forced to follow through with it. As such, if a member of a conspiracy decides they would like to opt-out of the conspiracy, they need only let the other members know they are no longer cool with going forward with the crime. This means they won't be liable for anything their former co-conspirators do, but they can still be charged with being a part of the initial conspiracy.
Hypothetical
Hypo 1: Bob, Sam, and Amy decide to rob a bank. Bob is going to be the driver while Sam and Amy rob the bank. They agree to meet Monday morning. On Monday morning, Bob, Sam, and Amy meet up and go over their plans. Right before they get in the car, Amy says, "I can't." and runs away. Bob and Sam shrug, then go rob a bank. Result: Amy can still be charged with conspiracy, but because she performed a timely withdraw, she is no longer liable for the bank robbery.
Related Concepts
Does merger exist for conspiracy related crimes?
How does factual impossibility affect attempt?
How does factual impossibility affect conspiracy?
How does legal impossibility affect attempt?
How does legal impossibility affect conspiracy?
In assessing the crime of attempt, what is merger?
In assessing the crime of solicitation, what is merger?
Under conspiracy, what constitutes an agreement?
What is attempt?
What is conspiracy?
What is solicitation?
What is the liability for co-conspirators' crimes?
What is Wharton's Rule?
What level of preparation is required to commit an attempt?
What type of intent is required for attempt?
