Can the actual killer be held liable as an accessory on the theory that he encouraged the murder victim to commit the crime after he had committed the crime?
California, United States of America
The following excerpt is from People v. Jennings, 114 Cal.Rptr.3d 133, 237 P.3d 474, 50 Cal.4th 616 (Cal. 2010):
prohibited, because in substance he was convicted for two different sets of actions]; see also People v. Wallin (1948) 32 Cal.2d 803, 806-807, 197 P.2d 734 [actual killer also could be liable as accessory on theory that, after completion of the murder, she encouraged another to help her avoid arrest].)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
When a defendant admits committing a crime but denies the necessary intent for the charged crime because of mistake or accident, is intent to commit the crime admissible? (California, United States of America)
Does the felony-murder rule apply to a murder case where the accused committed a felony before the crime was committed? (California, United States of America)
Can a jury use uncharged crime evidence to determine that defendant was more likely to have committed the charged crimes because he committed the uncharged crimes? (California, United States of America)
If a defendant has committed multiple crimes in pursuit of different criminal objectives, such as murder and sexual assault, can he be held liable for each of the crimes? (California, United States of America)
Does a defendant have a duty to instruct the jury on its own motion concerning the crime of being an accessory after the fact as a lesser included crime of accessory to murder? (California, United States of America)
Is a person who knowingly aids and abets criminal conduct guilty of not only the intended crime but also of any other crime the perpetrator actually commits when they commit? (California, United States of America)
Is a defendant who commits a violent crime against several victims more culpable than a violent offender who commits violent crimes against one person more than one? (California, United States of America)
Is a person who aids or abets a crime liable for the crime if the original crime was committed independently by another person? (California, United States of America)
What is the test for a finding that a crime committed by appellant was committed with the specific intent to commit a crime against a specific gang member? (California, United States of America)
If a criminal commits a crime in a different county than the one where the crime was committed, would that change the outcome of the criminal trial if the crime occurred in the other county? (California, United States of America)
