Renunciation

Renunciation of conspiracy: the strongest defense—completely undoes liability for the conspiracy.

Effect of Successful Renunciation (MPC)

  • Not guilty of conspiracy itself.
  • Not liable for future crimes by co-conspirators (Pinkerton liability cut off).
  • Still guilty of crimes already completed before renunciation.

Standards

  • Common Law: does not allow renunciation as a defense at all.
  • Model Penal Code § 5.03(6): renunciation is a defense if ∆:
    • Thwarts the success of the conspiracy,
    • Completely renounces, AND
    • Renunciation is voluntary (driven by genuine change of heart, not extrinsic pressure).

Subtopics

  • Withdrawal — weaker remedy than renunciation; cuts off prospective liability but does not undo conspiracy already formed.
  • Merger — does conspiracy merge into the completed offense?
  • Pinkerton Rule — co-conspirator liability for foreseeable crimes.