Does the aider and abettor doctrine apply to the direct perpetrator?

California, United States of America


The following excerpt is from People v. Torres, C085637 (Cal. App. 2020):

An aider and abettor has the same culpability as the direct perpetrator. "[T]he dividing line between the actual perpetrator and the aider and abettor is often blurred. It is often an oversimplification to describe one person as the actual perpetrator and the other as the aider and abettor. When two or more persons commit a crime together, both may act in part as the actual perpetrator and in part as the aider and abettor of the other, who also acts in part as an actual perpetrator." (People v. McCoy (2001) 25 Cal.4th 1111, 1120, italics omitted.) One who is guilty under the aider and abettor doctrine is not less culpable than the direct perpetrator. "The aider and abettor doctrine merely makes aiders and abettors liable for their accomplices' actions as well as their own. It obviates the necessity to decide who was the aider and abettor and who the direct perpetrator or to what extent each played which role." (Ibid.)

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