MBE Critical Pass Practice Test

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Under common law, is withdrawal from a conspiracy effective as a defense to liability for the target offense?

Yes, withdrawal is a defense to the target offense

No, withdrawal from conspiracy does not relieve liability for the target offense

Yes, if the other conspirators also withdraw

Under common law, the target offense is a product of the conspiracy, so simply backing out does not automatically erase liability for what the group planned. Withdrawal can shield you only if the entire conspiracy is terminated, meaning all conspirators abandon the plan. If one person withdraws but others continue with the scheme, the conspiracy remains and the remaining participants can still be liable for the target offense. So the defense is available only when the other conspirators also withdraw, ending the conspiracy altogether.

Withdrawal automatically reduces liability