What is the test for aiding and abetting a crime?

MultiRegion, United States of America

The following excerpt is from U.S. v. Barton, 647 F.2d 224 (2nd Cir. 1981):

To establish that a defendant has aided and abetted the commission of a crime the proof must show "that he in some sort associate(d) himself with the venture, that he participate(d) in it as something that he wishe(d) to bring about, (and) that he (sought) by his action to make it succeed." United States v. Bommarito, 524 F.2d 140, 145 (2d Cir. 1975); United States v. Clemente, 640 F.2d 1069 (2d Cir. 1981). The jury was properly instructed with respect to aiding and abetting, and was told that a defendant could not be found guilty because of his mere presence or association. The charge included the following:

Other Questions


Does a getaway driver continue to commit the crime of aiding and abetting by fleeing after the crime has been committed? (MultiRegion, United States of America)
Is a person who aids and abets a confederate in the commission of a criminal act liable for any other crime that is a natural and probable consequence of the crime? (MultiRegion, United States of America)
Is a person who aids and abets a crime a principal in the crime? (MultiRegion, United States of America)
Is a conspiracy to commit a crime a different crime from a crime that is the object of the conspiracy? (MultiRegion, United States of America)
Can a defendant be found guilty of aiding and abetting a crime? (MultiRegion, United States of America)
Does the jury have the authority to convict a defendant of aiding and abetting a crime under section 924(c) of the Criminal Code? (MultiRegion, United States of America)
What is the test for a conviction for conspiracy to aid and abet a crime? (MultiRegion, United States of America)
What is the test for "willfulness" in a charge of aiding and abetting a crime? (MultiRegion, United States of America)
Can a defendant be found guilty of aiding and abetting a crime? (MultiRegion, United States of America)
Is aiding and abetting a specific intent crime? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.