What is the current state of the law on the doctrine of an aider and abettor of a crime?

California, United States of America


The following excerpt is from People v. Beeman, 199 Cal.Rptr. 60, 35 Cal.3d 547, 674 P.2d 1318 (Cal. 1984):

The reasoning of Ellhamer and Ott has been forcefully and correctly criticized by a number of subsequent Court of Appeal opinions which find that the weight of authority requires an aider and abettor to have an intent or purpose to commit or assist in commission of the underlying offense. The leading case is People v. Yarber, supra, 90 Cal.App.3d 895, 153 Cal.Rptr. 875, which explained that "[t]he Ellhamer/Ott synthesis that intent is inferred from the knowledge by the aider and abettor of the perpetrator's purpose is sound, generally, as a matter of human experience, but we cannot extrapolate therefrom, as a matter of law, that the inference must be drawn. Intent is what [35 Cal.3d 558] must be proved; from a person's action with knowledge of the purpose of the perpetrator of a crime, his intent to aid the perpetrator can be inferred. In the absence of evidence to the contrary, the intent may be regarded as established. But where a contrary inference is reasonable--where there is room for doubt that a person intended to aid a perpetrator--his knowledge of the perpetrator's purpose will not suffice." (Fn. omitted; original emphasis.) (90 Cal.App.3d at p. 916, 153 Cal.Rptr. 875.)

Other Questions


Does section 31 of the California Criminal Code permit an aider and abettor to be convicted of a lesser crime or lesser degree of crime than the ultimate crime committed by the perpetrator? (California, United States of America)
What is the test for an aider and abettor to be found guilty of a crime as a result of their own mental state? (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)
How have courts interpreted section 186.22.22 of the California Criminal Code when a defendant and an aider and abettor of the crime are accused of the same crime? (California, United States of America)
What is the current state of the law on a defendant's aider and abettor liability? (California, United States of America)
Can an aider and abettor be held criminally responsible for any other crime that is a natural and probable consequence of the target crime? (California, United States of America)
Can a person who has been suspended from membership of the State Bar be held liable as a "aider and abettor" to a crime under section 6126 of the California Business and Professions Code? (California, United States of America)
What is the difference between aider and abettor culpability for a target crime and an unintended crime? (California, United States of America)
Is an aider and abettor liable for any other crime that was a natural and probable consequence of the crime? (California, United States of America)
What is the test for an aider and abettor to be found guilty of a crime under the "natural and probable consequence" doctrine? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.