What is the test for a jury trial where a defendant is found liable as an aider and abettor?

California, United States of America


The following excerpt is from People v. Sanchez, B262845 (Cal. App. 2016):

In a jury trial, "when the prosecution relies on the 'natural and probable consequences' doctrine to hold a defendant liable as an aider and abettor, the trial court must, on its own initiative, identify and describe for the jury any target offense allegedly aided and abetted by the defendant." (People v. Prettyman (1996) 14 Cal.4th 248, 268.) The purpose of this requirement is to ensure that the jury does not convict the defendant "based on the jury's generalized belief that the defendant intended to assist and/or encourage unspecified 'nefarious' conduct." (Ibid.) The defendant must intend to aid and abet the commission of a criminal act. (Ibid.)

Page 15

Other Questions


When a defendant makes a mid-trial motion to revoke his self represented status and have standby counsel appointed for the remainder of the trial, does the trial court have a duty to manage the trial? (California, United States of America)
What is the test for a defendant to be found liable for the actions of his aider and abettor? (California, United States of America)
Is a defendant's claim that the trial court's failure to provide him with the means and subpoena witnesses to defend at trial a violation of his Sixth Amendment right to represent himself at trial reversible? (California, United States of America)
What is the legal test for an aider and abettor to be found liable for arson? (California, United States of America)
Does Defendant have a valid claim to be able to claim damages from a defendant who has been found guilty of a similar claim against the Defendant? (California, United States of America)
Can a person be found liable as an aider and abettor of a crime if they were "concerned" in the commission of the crime? (California, United States of America)
Does a deputy district attorney acquiesce in having the motion heard during the trial of a defendant before trial, rather than prior to trial? (California, United States of America)
Is a defendant entitled to a fair trial if he is found guilty in the guilt phase of his trial? (California, United States of America)
What is the significance of the time at which defendant must have formed the requisite intent to be liable as an aider and abettor? (California, United States of America)
Can a defendant be found guilty as an aider and abettor as a result of his or her right to control of a controlled substance? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.