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, […]
Tags: Accomplice Liability, Aider and Abettor, CC 404, Defense Theory: Mens Rea/Intent
CC 404: Intoxication Not To Be Considered Vis-A-Vis Natural and Probable Consequences
January 30th, 2014
Based on People v. Mendoza (1998) Cal. 4th 1114, 1122-23, People v. Curry (2007) 158 Cal. App. 4th 766, approved CC 404’s admonition to not consider intoxication in deciding whether certain crimes are the natural and probable consequence of the commission of designated target offenses.
Tags: Accomplice Liability, Aider and Abettor, CC 404, Defense Theory: Intoxication