Does the failure to instruct the jury regarding aiding and abetting liability reduce the prosecution's burden of proof, thereby denying defendant due process?
California, United States of America
The following excerpt is from People v. Suess, G050203 (Cal. App. 2015):
The parties dispute whether the failure to instruct the jury regarding aiding and abetting liability lowered the prosecution's burden of proof, thereby denying defendant due process. If it did, the error is subject to harmless error review under the standard of Chapman v. California (1967) 386 U.S. 18, 24; if it did not, the standard of People v. Watson (1956) 46 Cal.2d 818, 836, applies.
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