Also known as: renounces · renounced · renouncing · renunciation · disclaim
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
A complete and voluntary abandonment of criminal purpose that serves as an affirmative defense to attempt, conspiracy, or solicitation. The abandonment must occur under circumstances showing no motivation from increased detection risk and must fully thwart the crime rather than merely postpone it.
A complete and voluntary abandonment of criminal purpose that serves as an affirmative defense to attempt, conspiracy, or solicitation. The abandonment must occur under circumstances showing no motivation from increased detection risk and must fully thwart the crime rather than merely postpone it.
Select any source to read its text and confirm it supports the definition.
A formal refusal to accept a gift or other interest in property. Acceptance is presumed upon transfer but the recipient may disclaim the interest, preventing completion of the gift.
Select any source to read its text and confirm it supports the definition.
A formal refusal to accept a gift or other interest in property. Acceptance is presumed upon transfer but the recipient may disclaim the interest, preventing completion of the gift.
Each sense below has its own examples, sources, and questions.
Rowan Russell loaded a van with materials to set a fire at a rival warehouse and drove toward the site. Halfway there Rowan turned around, returned the materials to storage, and called authorities to report the plan. Because the turnaround manifested a complete and voluntary renunciation before any overt act advanced the crime, Rowan can assert the defense to attempt charges.
Robert Rivera offered cash to a stagehand to start a fight with a critic at a festival so security would remove the critic. The next morning Robert told the stagehand to forget the plan. The withdrawal came after the solicitation was complete and supplies no defense at common law.
Rosalind Reed and Roberto Reyes agreed to falsify test data and Rosalind created an altered file. After a near-miss incident Rosalind uploaded accurate results, alerted regulators, and halted the shipment. Rosalind's actions thwarted the conspiracy under circumstances showing complete and voluntary renunciation, establishing the affirmative defense.
Royal Crest Hotels' manager asked a subordinate to delete negative inspection reports before a regulatory visit. The manager later persuaded the subordinate not to act and personally restored the original files. The persuasion and prevention under circumstances of complete and voluntary renunciation supply the affirmative defense to solicitation.
Renunciation is not voluntary if motivated by increased probability of detection or apprehension. It is not complete if the actor merely postpones the crime or shifts to a similar objective. The actor must thwart the crime under circumstances showing full abandonment of purpose.
Supporting sources
No. Once the defendant has made a solicitation, subsequent withdrawal or renunciation ordinarily does not constitute a defense. The offense is complete upon the solicitation itself.
Supporting sources
No. The establishment of the renunciation defense does not affect the liability of an accomplice who did not join in the abandonment or prevention.
Supporting sources
The solicitor must persuade the person solicited not to commit the crime or otherwise prevent its commission under circumstances manifesting a complete and voluntary renunciation of criminal purpose.
Supporting sources
Rita Russell directed her bank to transfer shares into her niece Rosa Ruiz's brokerage account. Rosa immediately sent a notarized letter to the bank refusing the shares and directing their return. Rosa's prompt written refusal prevents the gift from becoming complete under the presumption of acceptance.
Reliance Insurance's counsel argued that the company should no longer follow a long-standing precedent protecting policyholders. The court rejected the argument, holding that the company could not renounce the established principle without legislative change. The attempted renunciation left the precedent intact and the policyholder prevailed.
Acceptance is presumed when the donor transfers an ownership interest, but the donee may refuse or disclaim. A prompt and unequivocal disclaimer defeats completion of the gift.
Supporting sources
…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…