When will a jury be instructed on the aider and abettor liability of a defendant?

California, United States of America


The following excerpt is from People v. Brito, D070940 (Cal. App. 2017):

"Even without a request, a trial court is obliged to instruct on ' "general principles of law that are commonly or closely and openly connected to the facts before the court and that are necessary for the jury's understanding of the case" ' [citation], or put more concisely, on ' "general legal principles raised by the evidence and necessary for the jury's understanding of the case" ' [citation]. In particular, instructions delineating an aiding and abetting theory of liability must be given when such derivative culpability 'form[s] a part of the prosecution's theory of criminal liability and substantial evidence supports the theory.' " (People v. Delgado (2013) 56 Cal.4th 480, 488.) Here, unlike in People v. Delgado, supra, 56 Cal.4th 480, the prosecutor did not rely on the theory of aiding and abetting. Instead, the prosecutor argued that three other theories of culpability

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were applicable. Therefore, the trial court had no basis for instructing the jury on aider and abettor liability.

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