Does the doctrine of aider and abettor liability fit with the facts of this case?

California, United States of America


The following excerpt is from People v. Barrientos, F065845 (Cal. App. 2014):

27. See People v. Chiu, supra, 59 Cal.4th at p. 158 [contrasting natural and probable consequences form of aider and abettor liability with "direct" aiding and abetting principles.]; see also id. at p. 171 (Kennard, J., conc. & dis. opn.) [referring to liability under the natural and probable consequences rule as "indirect" liability].

28. The poor fit between the doctrine's elements and the facts of this case is unsurprising, because "culpability under the natural and probable consequences doctrine is vicarious..." (People v. Chiu, supra, 59 Cal.4th at p. 164, italics added.) When the defendant is the perpetrator of the nontarget offense, his liability for that crime is, by definition, not vicarious.

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