NCBE Uniform Bar Exam (UBE) Practice Exam

To withdraw from a conspiracy before it becomes unstoppable, a conspirator must repudiate any prior assistance and perform all actions possible to countermand the conspiracy. By taking these steps, the individual makes clear their intention to exit the conspiracy and actively works against it. This demonstrates a genuine effort to disassociate from the cooperative plan and to prevent its realization.

Notifying the police may not constitute a valid withdrawal because mere notification does not necessarily signify a renunciation of the conspiratorial agreement or a genuine attempt to thwart the plan. Apologizing to all involved is also insufficient as it does not address the fundamental requirement to actively counteract the conspiracy; merely expressing regret does not imply a proactive withdrawal. Finally, waiting until the act is completed negates the opportunity for withdrawal and means the conspirator is still part of the conspiracy at the time the crime is committed. Hence, only the act of repudiating assistance and countermanding the conspiracy reflects an effective and timely withdrawal from the agreement.