***SPOILER ALERT*** Criminal Law Set 3
A man knew that his uncle regularly withdrew a large amount of cash from a bank and that his uncle was usually not very careful in watching over the money as he made his way home. The man hatched a plan with two friends to steal the money from his uncle. One of the friends purchased a ski mask with which he intended to conceal his face during the heist. A few hours before the event was to occur, the man, deciding to call the whole thing off, told his friends not to go through with the plan. Nevertheless the friends followed the uncle from the bank and successfully absconded with the bag of money without the uncle being the wiser for several minutes. They were subsequently arrested and revealed the man's involvement in the plot. The man was arrested. The applicable jurisdiction has adopted the Model Penal Code. Under the Code, theft is defined as "unlawfully taking, or exercising unlawful control over, movable property of another with purpose to deprive him thereof." The crimes below are listed in descending order of seriousness. What is the most serious listed for which the man can be convicted?
D. No crime
Answer choice B is correct. Conspiracy is defined as an agreement between two or more persons to accomplish an unlawful purpose, with the intent to accomplish that purpose. The Model Penal Code (MPC) adds the requirement that a conspiracy must be perfected by an overt act in furtherance of the conspiracy. Here, the friend's purchase of the ski mask is sufficient to constitute such an overt act. The MPC allows withdrawal from a conspiracy after the performance of an overt act, but the defendant must thwart the performance of the planned crimes. Here, the defendant failed to do so, and therefore is guilty of conspiracy. Answer choice A is incorrect because, while the man's withdrawal from the conspiracy was not sufficient to eliminate his liability for the conspiracy itself, it is effective with regard to the substantive crime of theft committed by his two friends. Answer choice C is incorrect, because, although the man is guilty of solicitation, he is also guilty of conspiracy, which is the more serious crime. Although the MPC permits a defendant to effectively renounce solicitation, the defendant must thwart the performance of the solicited crimes, which the man did not do. Answer choice D is incorrect since the man is guilty of both solicitation and conspiracy.
Okay, so I agree that he's guilty of conspiracy because his repudiation was insufficient in this case after the overt act had been committed. My problem here is that the most serious crime he can be convicted for is theft because he didn't do enough to withdraw his participation as an accomplice. In other words, what did he do to countermand his prior assistance (i.e. telling them about his uncle's tendencies and hatching a plan). Any help?