California Private Investigator Practice Exam

What is a criminal defense strategy for someone who withdrew from a crime after making reasonable efforts to facilitate it?

1. Insanity defense

2. Withdrawal from a conspiracy

3. Self-defense

4. Alibi

The correct answer is: Withdrawal from a conspiracy

Withdrawal from a conspiracy is a recognized criminal defense strategy applicable when an individual initially agrees to participate in a crime (or conspiracy to commit a crime) but later decides to back out. For this defense to be effectively utilized, the person must demonstrate that they took reasonable steps to withdraw from the conspiracy. This could involve actions such as informing co-conspirators of their withdrawal or taking affirmative steps to foil the crime from being executed. Essentially, the law recognizes that individuals may change their minds about participating in a crime, and if they take appropriate actions to end their involvement, they may avoid liability for the crime that was planned. In contrast, an insanity defense is applicable when an individual is unable to understand the nature of their actions or distinguish right from wrong due to a mental disorder. Self-defense involves justifying the use of force to protect oneself from imminent harm, which does not pertain to withdrawal from a crime. An alibi defense seeks to prove that the person was not present at the crime scene when the crime occurred, which is also unrelated to the concept of withdrawing from criminal intent. Thus, the strategy focusing on withdrawal from a conspiracy is the most pertinent answer for someone who made reasonable efforts to facilitate an initial involvement but later retracted their participation.