Withdrawal from conspiracy under common law: which is true?

• A. One cannot withdraw from conspiracy
• B. Withdrawal is possible any time
• C. Withdrawal stops liability for past crimes but not future
• D. Withdrawal only possible before agreement is formed

Answer: (A)

Conspiracy liability at common law depends on the existence of an agreement among two or more people to commit a crime. Once that agreement is formed, every conspirator is liable for the conspiracy itself and for any criminal acts that are committed in furtherance of the conspiracy, even if one member later tries to back out. Withdrawal does not erase the conspiracy or relieve liability for acts taken in furtherance of it.

The other statements don’t fit this rule: you can’t simply withdraw whenever you want and avoid liability, withdrawal doesn’t carve out liability for past conspiracy-related acts while permitting future ones, and withdrawal isn’t limited to happening before any agreement is formed. Therefore, the traditional rule is that one cannot withdraw from a conspiracy under common law.