What is the test for aiding and abetting a violation of section 841 of the Criminal Code?

MultiRegion, United States of America

The following excerpt is from United States v. Barajas, No. 02-10668 (9th Cir. 3/9/2004), No. 02-10668. (9th Cir. 2004):

[1] In order to prove aiding and abetting a violation of 841(a)(1), the Government must persuade the trier of fact "that (a) the crime was committed, (b) the defendant knowingly and intentionally aided, counseled, commanded, induced, or procured another person to commit the crime, and (c) the defendant acted before the crime was completed." United States v. Jackson, 72 F.3d 1370, 1385 (9th Cir. 1995) (internal quotation marks omitted) (quoting United States v. Castaneda, 16 F.3d 1504, 1511 (9th Cir. 1994)). "It is not necessary for an aider and abetter to know who actually committed the crime." Id.

Page 6

"The most advanced legal research software ever built."

Try it today free of charge!

The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.

Other Questions

What is the test for a federal conviction for a violation of section 11358 of the Criminal Code of New York City (the federal criminal code) of Section 11358, and what is the current state of the law on such a violation? (MultiRegion, United States of America)

Is there any case law in which the jury was instructed to find a defendant guilty of aiding and abetting a violation of Section 924(c) of the Criminal Code? (MultiRegion, United States of America)

Is a section of the Criminal Code extending criminal liability beyond the express terms of the criminal code sufficient to be considered unconstitutional? (MultiRegion, United States of America)

Can a criminal conviction under section 2113(a) of the Civil Code of Civil Procedure be brought under Section 2113 of the Criminal Code when a plaintiff is injured in an accident? (MultiRegion, United States of America)

Does a categorical approach apply to determine whether a violation of section 2423(b) of the Civil Code falls under Section 3283 of the Criminal Code? (MultiRegion, United States of America)

When counting criminal convictions for career offender purposes under section 4A1.2 of the Criminal Code, is the criminal conviction of a career offender included in the criminal record calculation? (MultiRegion, United States of America)

Is a conspiracy conviction under section 846 of the Criminal Code mandatory minimum sentence for conspiracy to commit a crime punishable by section 841 of the Federal Criminal Code? (MultiRegion, United States of America)

What are the implications of section 2244 of the Criminal Code of Ontario's Criminal Code when it comes to sentencing sentences? (MultiRegion, United States of America)

Does Section 871(a) of the Criminal Code require a defendant to give notice of the charge under section 871 of the Civil Code of Civil Procedure? (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 aiding and abetting a violation of section 841 of the Criminal Code?

"The most advanced legal research software ever built."

Other Questions

Trusted by top litigators from across North America.

Company

Product

Resources