Aider And Abettor Liability For Implied Malice Murder: Required Elements Not Included in CALCRIM
February 27th, 2023

This post Aider And Abettor Liability For Implied Malice Murder: Required Elements Not Included in CALCRIM addressed the failure of the CALCRIM instructions to include the required element when the defendant is charged with aiding and abetting a perpetrator who is alleged to have acted with implied malice.

 

These defects in the CALCRIM instructions were also recognized in People v. Maldonado (January 30, 2023, A161817) [pp. 13-14] which concluded that CC 401, CC 520, and CC 521 did not require that the jury to find that the defendant “was an aider and abettor who facilitated the killing with personal disregard for human life….”


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