Also known as: defence of withdrawal · withdrawal defense · renunciation
Written by attorneys · grounded in primary & secondary sources — see below
An affirmative defense to inchoate crimes that excuses liability when the defendant abandons the criminal effort or thwarts its success under circumstances manifesting a complete and voluntary renunciation of criminal purpose.
Doris Duffy assembled gasoline and matches outside a rival's warehouse intending to set it ablaze. She then doused the fuel with water and left the scene before any ignition occurred. Because her actions showed complete and voluntary renunciation, the defense of withdrawal applies and she avoids attempt liability.
Daphne Doyle urged her cousin to vandalize a competitor's storefront and offered payment for the act. The next day she called to withdraw the request, but the solicitation was already complete. Under common law the later withdrawal provides no defense to the solicitation charge.
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Derek Dalton agreed with two others to commit arson for insurance proceeds and purchased accelerant. He later notified police and removed the accelerant, preventing any fire. Because his actions manifested complete and voluntary renunciation, the defense of withdrawal shields him from conspiracy liability.
Diana Delgado agreed with two others to rig bids on a public contract. She later destroyed the falsified documents and notified the agency of the scheme, preventing any rigged award. Because she thwarted the conspiracy through complete and voluntary renunciation, the defense of withdrawal shields her from conspiracy liability.
Denise Donovan asked a coworker to falsify safety reports for a bonus. She then convinced the coworker to refuse and reported the plan to their supervisor, halting any falsification. The complete and voluntary renunciation after solicitation supplies the affirmative defense under the governing rule.
Donald Drake purchased gasoline and rags to burn an abandoned structure. He poured the fuel but then extinguished it and summoned firefighters before any blaze started. His complete and voluntary renunciation before completion establishes the affirmative defense to attempt.
No. Once the solicitation is made, subsequent withdrawal or renunciation ordinarily does not constitute a defense under common law.
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The defendant must prove abandonment of the effort or prevention of the crime under circumstances manifesting complete and voluntary renunciation of criminal purpose. Renunciation is not voluntary if motivated by increased risk of detection.
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No. The defense does not affect the liability of an accomplice who did not join in the abandonment or prevention.
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Under the MPC an actor who thwarts the conspiracy after formation may claim the defense if the thwarting shows complete and voluntary renunciation. Common law generally does not recognize withdrawal as a defense once an overt act has occurred.
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…principled task, and the momentary political convenience often attendant upon their failure to do so, argue against a complete renunciation of the judicial role. Although it is the obligation of all officers of the Government to respect the constitutional design, see Public Citizen v. Department of Justice , 491 U. S. 440, 466…