Is a party who is a co-defendant in a criminal act liable for the crime even if the crime was committed by his co-accused?

California, United States of America


The following excerpt is from People v. Manners, 180 Cal.App.3d 826, 225 Cal.Rptr. 798 (Cal. App. 1986):

"Generally, if a statute is intended to impose a derivative liability on some person other than the actor, there must be some legislative direction that it is to be applied to persons who do not themselves commit the proscribed act. Such a direction is found in section 31 which fixes responsibility on an aider and abettor for a crime personally committed by a confederate. But the statute which defines aiders and abettors as principals in the commission of a criminal offense does not also purport to impose additional derivative punishment grounded on an accomplice's personal conduct, as those statutes which provide for such increased punishment ' "do not define a crime or offense but relate to the penalty to be imposed under certain circumstances." ' (People v. Strickland [1974], supra, 11 Cal.3d 946, 961 [114 Cal.Rptr. 632, 523 P.2d 672] quoting from People v. Provencher (1973) 33 Cal.App.3d 546, 550 [108 Cal.Rptr. 792]; see also People v. Henry (1970) 14 Cal.App.3d 89, 92 [91 Cal.Rptr. 841].) Hence the rules which make an accused derivatively liable for a crime which he does not personally commit, do not at the same time impose a derivatively increased punishment by reason of the manner in which a confederate commits the crime.

Other Questions


If a criminal commits a crime in a different county than the one where the crime was committed, would that change the outcome of the criminal trial if the crime occurred in the other county? (California, United States of America)
Is a person who aided and abetted a confederate in the commission of a criminal act liable for any other crime committed by that party as a result of that party's actions? (California, United States of America)
If a defendant has committed multiple crimes in pursuit of different criminal objectives, such as murder and sexual assault, can he be held liable for each of the crimes? (California, United States of America)
Can the actual killer be held liable as an accessory on the theory that he encouraged the murder victim to commit the crime after he had committed the crime? (California, United States of America)
Does Section 186.22, subdivision (b)(1)(1) of the California Criminal Code apply to a person convicted of a criminal street crime committed for the benefit of, at the direction of, or in association with any criminal street gang? (California, United States of America)
Is a person who aids or abets a crime liable for the crime if the original crime was committed independently by another person? (California, United States of America)
What is the test for a finding that a crime committed by appellant was committed with the specific intent to commit a crime against a specific gang member? (California, United States of America)
Can a jury use uncharged crime evidence to determine that defendant was more likely to have committed the charged crimes because he committed the uncharged crimes? (California, United States of America)
Is a crime committed in association with a gang if the parties relied on their common gang membership and the apparatus of the gang in committing the crimes? (California, United States of America)
Does section 654 of the California Criminal Code apply to a defendant who has committed a crime before the crime has been committed? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.