Also known as:ejurate · ejurated · ejurating · renunciation · abjuration
Written by attorneys · grounded in primary & secondary sources — see below
The voluntary relinquishment of a right, position, office, or criminal purpose. The act requires a complete and voluntary abandonment rather than a postponement or shift to a similar objective.
Sources & Authorities
How it applies
Common Examples
6
Renunciation Prevents Attempt Liability
Ezra Eastman uploaded corrupted navigation software to an aircraft intending to cause a fatal crash during a demonstration flight. Hours later, before any inspection, he replaced the patch with correct software and eliminated the risk entirely. No external pressure or discovery prompted the change. The complete reversal qualifies as ejuration of the criminal purpose.
Withdrawal Does Not Excuse Solicitation
Eduardo Enriquez offered cash to a stagehand to start a fight that would eject a critic from a VIP area. The next morning he told the stagehand to forget the plan and compete fairly instead. Because the solicitation was already complete, the later statement does not constitute ejuration that avoids liability.
Select any source to read its text and confirm it supports the definition.
Uniform Acts
Model Codes
Common Law
Restatements
Dictionaries
Renunciation of Executor Fee
Esther Eisenberg was named personal representative in a will that set no compensation. Before qualifying, she filed a written renunciation of that term and petitioned for reasonable fees. The filing effects ejuration of the will's compensation provision and permits recovery of reasonable compensation.
Thwarting a Conspiracy
Ethan Evans agreed with a colleague to delete failure data so defective aircraft panels could ship. After a near-miss incident, he uploaded accurate results, alerted regulators, and halted the shipment. The affirmative steps constitute ejuration that thwarts the conspiracy under circumstances showing complete renunciation.
Persuading the Solicited Party
Emanuel Escobar urged a crew member to falsify test records for an upcoming shipment. Later he convinced the crew member to abandon the plan and report the defects instead. The persuasion and prevention qualify as ejuration of the criminal purpose after solicitation.
Relinquishment of Constitutional Claim
Edith Eberhardt initially raised a new constitutional argument in post-conviction proceedings. She later filed a written statement expressly abandoning that claim and proceeding only on established grounds. The filing effects ejuration of the new-rule contention.
Teague v. Lane489 U.S. 288 (1989)
Common questions
Frequently Asked
5
Does ejuration require a writing in every context?+
No. In criminal-law settings the Model Penal Code focuses on whether the actor abandoned the effort or prevented commission under circumstances showing complete and voluntary renunciation. In probate matters a written filing is required to renounce a compensation provision before qualifying.
Supporting sources
When is renunciation not voluntary under the Model Penal Code?+
Renunciation is not voluntary if motivated in whole or in part by circumstances that increase the probability of detection or make the crime more difficult. It is also incomplete if the actor merely postpones the conduct or shifts to a similar objective.
Supporting sources
Does later withdrawal excuse common-law solicitation?+
No. Once the solicitation is made, subsequent withdrawal or renunciation ordinarily provides no defense at common law.
Supporting sources
Can a personal representative renounce a will's compensation term after qualifying?+
No. The statute permits renunciation of the will's fee provision only before qualifying. After qualifying the representative is bound by the term unless a separate written renunciation of compensation itself is filed.
Supporting sources
What must the actor do to establish the conspiracy renunciation defense?+
The actor must thwart the success of the conspiracy under circumstances manifesting a complete and voluntary renunciation of criminal purpose.
Supporting sources
514 U.S. 549 (1995)Constitutional Law
…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…