Tag Archives: Accomplice Liability


CC 401 SHOULD EXPRESSLY ADDRESS THE FACT THAT MERE KNOWLEDGE OF THE CRIME IS INSUFFICIENT FOR AIDER AND ABETTOR LIABILITY
September 5th, 2017

CALCRIM 401 correctly states that “being present as the scene of the crime or [failure] to prevent the crime does not, by itself, make [a person] an aider and abettor.” (See People v. Durham (1969) 70 C2d 171, 181; In re Jose T. (1991) 230 CA3d 1455, 1460.)   However, the CALCrim language is incomplete […]


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Reversible Chiu Error: Not Clear Beyond A Reasonable Doubt That Jurors Rejected Natural and Probable Consequences Theory
August 22nd, 2016

People v. Brown (2016) 247 CA4th 211 reversed Brown’s first degree murder conviction in light of People v. Chiu (2014) 59 Cal.4th 155. The jury was instructed on three first degree murder theories: (1) Brown was the actual killer, (2) he aided and abetted the actual killer with the intent to kill, and (3) he […]


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Chiu Error: Review Granted to Reconsider People v. Favor (2012) 54 Cal.4th 868
August 15th, 2016

The CSC has granted review in several cases to consider whether to convict an aider and abettor of attempted willful, deliberate and premeditated murder under the natural and probable consequences doctrine, must a premeditated attempt to murder have been a natural and probable consequence of the target offense? In other words, should People v. Favor […]


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Chiu Applies Retroactively to Convictions That Were Final on Appeal When Chiu Was Decided
August 9th, 2016

In re Lopez (2016) 246 CA4th 350 concerned a conviction which was final on appeal when People v. Chiu (2014) 59 C4th 155 was decided. See The Chiu Doctrine Explained.  The Chiu opinion did not state whether it applied retroactively to convictions that were final on appeal when it was decided. Lopez concluded that Chiu […]


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Chiu Doctrine Not Applicable to Transferred Intent
August 1st, 2016

People v. Chiu (2014) 59 C4th 155 held that an aider and abettor could not be found guilty of premeditated murder under the natural and probable consequences doctrine because the mental state for premeditation and deliberation is “uniquely subjective and personal.” (See The Chiu Doctrine Explained.) However, People v. Vasquez (2016) 246 CA4th 1019 held […]


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The Chiu Doctrine Applies to Conspiracy Liability
July 12th, 2016

In Chiu the Supreme Court held an aider and abettor may not be convicted of first degree premeditated murder under the natural and probable consequences doctrine. An aider and abettor’s liability for premeditated first degree murder must be based on direct aiding and abetting principles. See The Chiu Doctrine Explained In re Lopez (2016) 246 […]


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The Chiu Doctrine Explained
July 8th, 2016

People v. Chiu (2014) 59 C4th 155 created an important exception to the natural and probable consequences doctrine with respect to premeditated malice murder and attempted murder. As Chiu explained, “[t]here are two distinct forms of culpability for aiders and abettors. First, an aider and abettor with the necessary mental state is guilty of the […]


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Attempted Murder, Kill Zone
July 20th, 2015

  Attempted Murder: Aider And Abettor/Provocative Act And Mental State   A bracketed portion of CC 601 is provided when the defendant was not the actual killer which states:   [The attempted murder was done willfully and with deliberation and premeditation if either the defendant or <insert name or description of principal> or both of […]


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Mere Knowledge and “Failure to Prevent” Instructions
May 22nd, 2015

  Failure to prevent a crime is not enough to make a person an aider and mere knowledge that another is going to commit a crime is not enough to make a person an aider. “Neither his mere presence at the scene of the crime nor his failure, through fear, to prevent a crime establishes, […]


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Natural and Probable Consequences: Aider and Abettor Need Not Reasonably Foresee Attempted Murder
May 18th, 2015

  People v. Favor (2012) 54 Cal. 4th 868, 879-880, held that when applying the natural and probable consequences doctrine to a premeditation allegation under PC 664(a), the jury must initially find that an aider and abettor committed an attempted murder. The jury then must determine if the attempted murder was willful, deliberate, and premeditated. […]


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