California, United States of America
The following excerpt is from The PEOPLE v. MENDOZA, G042409, No. FBA008347 (Cal. App. 2010):
Relying on People v. Hernandez (1964) 61 Cal.2d 529, Mendoza argues CALCRIM No. 601 allows the jury to assign criminal liability to an aider and abettor for the mental state of the perpetrator, which he argues offends fundamental concepts of due process, and that imposing criminal sanctions in the absence of a finding the defendant personally harbored a specific mental state offends the fundamental concept of due process. Mendoza's claim is not unprecedented.
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