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15. In a jurisdiction that has adopted the bilateral requirement for conspiracy, can the man properly be convicted of conspiring with the woman to rob the bank?
The next day, the woman robbed the bank and ran to the spot where the man had said he would leave the stolen car. She then escaped in the car and disappeared. She never shared any of the money with the man.
A man and a woman agreed that the woman would rob a bank and that the man would steal a car beforehand for the woman to use as a getaway vehicle. The man stole a car and parked it two blocks from the bank. He left the car key under the floor mat with a note saying that he wanted nothing more to do with the scheme.
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A is incorrect. Receiving a benefit from the crime is not a required element for conspiracy. Therefore, it is irrelevant if the man received a benefit.
B is incorrect. The conspiracy was formed as soon as they agreed and an act in furtherance of the conspiracy was performed. The man cannot withdraw from the conspiracy because the crime of conspiracy has already been committed. However, he may be able to withdraw himself from any additional crimes the woman may commit.
C is incorrect. It is irrelevant if the principal crime, the crime the conspiracy planned to commit, was successful or not. The conspiracy has already been formed before the principal crime has been committed. In this case, it does not matter that the woman successfully robbed the bank, because the man committed conspiracy when he agreed with the woman and performed an act in furtherance of the conspiracy's goal by stealing the car.