What is the test for an aider and abettor of a crime?

California, United States of America


The following excerpt is from People v. Daley, B248219 (Cal. App. 2014):

As discussed, under the natural and probable consequences doctrine, "a person who aids and abets a confederate in the commission of a criminal act is liable not only for that crime (the target crime), but also for any other offense (nontarget crime) committed by the confederate as a 'natural and probable consequence' of the crime originally aided and abetted." (People v. Prettyman, supra, 14 Cal.4th at p. 254.) Accordingly, to convict a defendant of a nontarget crime as an aider and abettor, the jury must find that the defendant assisted or encouraged the commission of a target crime, a confederate committed an offense other than the target crime, and the nontarget offense committed by the confederate was a natural and probable consequence of the target crime that the defendant assisted or encouraged. (Ibid.) "[T]he jury need not unanimously agree on the specific target crime that the defendant aided and abetted. . . . Nevertheless, at trial each juror must be convinced, beyond a reasonable doubt, that the defendant aided and abetted the commission of a criminal act, and that the offense actually committed was a natural and probable consequence of that act." (Id. at pp. 267-268.) The instructions to the jury must accurately "describe[e] each step in this process [to] ensure proper application by the jury of the 'natural and probable consequences' doctrine." (Id. at p. 267.)

Other Questions


Does section 31 of the California Criminal Code permit an aider and abettor to be convicted of a lesser crime or lesser degree of crime than the ultimate crime committed by the perpetrator? (California, United States of America)
What is the test for determining whether an aider and abettor is liable for any other crime that was a "natural and probable consequence" of the crime? (California, United States of America)
Is an aider and abettor liable for any other crime that was a natural and probable consequence of the crime? (California, United States of America)
Can an aider and abettor be held criminally responsible for any other crime that is a natural and probable consequence of the target crime? (California, United States of America)
Can an aider and abettor be held criminally responsible for any other crime that is a natural and probable consequence of the target crime? (California, United States of America)
What is the test for an aider and abettor to be found guilty of a different crime or degree of crime than the perpetrator? (California, United States of America)
What is the difference between aider and abettor culpability for a target crime and an unintended crime? (California, United States of America)
Can a person be found liable as an aider and abettor of a crime if they were "concerned" in the commission of the crime? (California, United States of America)
How have courts interpreted section 186.22.22 of the California Criminal Code when a defendant and an aider and abettor of the crime are accused of the same crime? (California, United States of America)
What is the current state of the law on the doctrine of an aider and abettor of a crime? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.