Can a defendant be found guilty of a crime committed by an accomplice's prior criminal history?

California, United States of America


The following excerpt is from People v. Jordan, G055765 (Cal. App. 2019):

"Guilt by association is a thoroughly discredited doctrine[.]" (People v. Chambers (1964) 231 Cal.App.2d 23, 28.) The prospect of obtaining a fair trial is greatly diminished when, as here, the prosecution introduces evidence of an accomplice's prior crimes that are similar to the offenses for which the defendant is on trial. (Id. at pp. 27-31 [introduction of codefendant's prior crimes violated due process absent evidence connecting defendant to those crimes].) Because appellant was not involved in McKnight's prior burglary, the evidence regarding that burglary had no rational bearing on appellant's guilt and should have been excluded from his trial.

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