In what circumstance is a conspirator NOT liable for further acts committed by other members?

Study for the California Bar Exam. Engage with flashcards and multiple choice questions, each question offers hints and explanations. Prepare effectively for your exam!

A conspirator is typically held liable for the acts committed by other members of the conspiracy if those acts are undertaken in furtherance of the criminal objective agreed upon. However, the situation changes significantly if a conspirator properly withdraws from the conspiracy.

To properly withdraw, a conspirator must communicate their intent to withdraw to the other members of the conspiracy or take affirmative steps to disassociate from the conspiracy. If this is done effectively, the withdrawing conspirator cannot be held responsible for subsequent acts committed by other conspirators, because they are no longer considered part of the criminal agreement. This principle stems from the idea that liability is tied to one's participation and agreement in the conspiracy; once a conspirator has effectively withdrawn, they are no longer part of it.

The other circumstances mentioned involve different aspects of conspiracy law, such as the necessity of having agreed to the conspiracy or being physically present during the commission of criminal acts. However, these do not negate liability if the conspirator was originally part of the agreement. Proper withdrawal is the key factor that removes someone from future liability in such instances.

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