Tag Archives: CC 401


Aider And Abettor: Natural And Probable Consequences – Unanimity As To Commission Of Nontarget Offense
January 21st, 2015

  The majority opinion in People v. Smith (2014) 60 Cal. 4th 603 concluded that the requirement of juror unanimity as to all essential elements of the charge does not apply to commission of the nontarget offense alleged under the natural and probable consequences doctrine:    The prosecution theory was that Littleton was the killer. […]


Tags: , , , , , , , , , , , , , ,


CC 401 Defense Theory Instruction: Knowledge Element For Aider And Abettor Liability
July 20th, 2014

  People v. Stallworth (2008) 164 Cal. App. 4th 1079, concluded that CC 401 is neither confusing nor incomplete provided that CC 220 is also given so that the jury understands that the reasonable doubt standard applies to an aider and abettor’s knowledge.   However, the defense should have the right to an instruction pinpointing […]


Tags:


Impact On Duty To Instruct On Mental State Element Of Substantive Offense
February 1st, 2014

  According to People v. Hernandez (2010) 181 Cal. App. 4th 1494, when CC 401 is given, there is no need to further repeat CC 401’s mental state requirement in the instruction for the offense that the defendant allegedly aided and abetted because the jury was told to consider the instructions together. Hernandez held there […]


Tags: , ,