Does the term "guilty" or "aider and abettor" apply to both a defendant and a defendant in a sexual assault case?
California, United States of America
The following excerpt is from People v. Armstrong, 243 Cal.Rptr.3d 105, 433 P.3d 987, 6 Cal.5th 735 (Cal. 2019):
3 It appears the court and prosecutor used the term "guilty" with some imprecision. As a matter of law, an aider and abettor can be as "guilty" of an offense as a direct perpetrator, in the sense that both may be convicted of the same crime. (People v. McCoy (2001) 25 Cal.4th 1111, 11161117, 108 Cal.Rptr.2d 188, 24 P.3d 1210.) The term as used here seemed to involve not legal guilt but respective degrees of blameworthiness or culpability as that concept relates to sentencing.
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