What is the test for criminal culpability under the California Criminal Code for failing to intervene in the scene of crime?

California, United States of America


The following excerpt is from People v. Moses, 10 Cal.5th 893, 272 Cal.Rptr.3d 862, 477 P.3d 579 (Cal. 2020):

As we noted in People v. Dillon (1983) 34 Cal.3d 441, 453, 194 Cal.Rptr. 390, 668 P.2d 697 ( Dillon ): " One of the purposes of the criminal law is to protect society from those who intend to injure it. When it is established that the defendant intended to commit a specific crime and that in carrying out this intention he committed an act that caused harm or sufficient danger of harm, it is immaterial that for some collateral reason he could not complete the intended crime. [Citation.] Accordingly, the requisite overt act need not be the last proximate or ultimate step towards commission of the substantive crime .... [] Applying criminal culpability to acts directly moving toward commission of crime ... is an obvious safeguard to society because it makes it unnecessary for police to wait before intervening until the actor has done the substantive evil sought to be prevented. It allows such criminal conduct to be stopped or intercepted when it becomes clear what the actor's intention is and when the acts done show that the perpetrator is actually putting his plan into action. [Citations.]"

[477 P.3d 584]

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