California, United States of America
The following excerpt is from People v. Brigham, 216 Cal.App.3d 1039, 265 Cal.Rptr. 486 (Cal. App. 1989):
Although, as will be seen, there are differences between aiding and abetting and conspiracy, they are for present purposes conceptually indistinguishable means to impose derivative liability. Conviction as an aider and abettor requires knowledge of the criminal purpose of the perpetrator and intent to commit, encourage, or facilitate the commission of the crime. (People v. Croy (1985) 41 Cal.3d 1, 12, fn. 5, 221 Cal.Rptr. 592, 710 P.2d 392; People v. Beeman (1984) 35 Cal.3d 547, 560, 199 Cal.Rptr. 60, 674 P.2d 1318.) Conviction of a criminal conspiracy requires proof that the defendant and at least one other person specifically intended to agree or conspire to commit a crime, specifically intended to commit the crime, and carried out overt acts in furtherance of the conspiracy. (People v. Belmontes (1988) 45 Cal.3d 744, 789 [mod. 46 Cal.3d 584a, 755 P.2d 310 cert. den. (1989) 488 U.S. 1034, 109 S.Ct. 848, 102 L.Ed.2d 980]; CALJIC No. 6.10.5.) A person may be guilty as a conspirator or as an aider and abettor not only of offenses he intended to facilitate or encourage but of offenses that are the foreseeable consequences of the acts he knowingly and intentionally aided and encouraged. (People v. Beeman, supra, 35 Cal.3d at p. 560, 199 Cal.Rptr. 60, 674 P.2d 1318.) The chief difference between the two doctrines is the required element of agreement in conspiracy. 4 Because this element is usually
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