What is the test for aiding and abetting in a murder case?

California, United States of America


The following excerpt is from People v. Ramos, D074429 (Cal. App. 2020):

mens reaknowledge of the direct perpetrator's unlawful intent and an intent to assist in achieving those unlawful ends, and (c) the aider and abettor's actus reusconduct by the aider and abettor that in fact assists the achievement of the crime." (People v. Perez (2005) 35 Cal.4th 1219, 1225.) "[N]either presence at the scene of a crime nor knowledge of, but failure to prevent it, is sufficient to establish aiding and abetting its commission. [Citations.] However, '[a]mong the factors which may be considered in making the determination of aiding and abetting are: presence at the scene of the crime, companionship, and conduct before and after the offense.' " (People v. Campbell (1994) 25 Cal.App.4th 402, 409.) Where, as here, "the charged offense and the intended offense . . . are the same, i.e., when guilt does not depend on the natural and probable consequences doctrine . . . the aider and abettor must know and share the murderous intent of the actual perpetrator." (People v. McCoy (2001) 25 Cal.4th 1111, 1118.)

2. Analysis

Other Questions


Can a defendant be found guilty of aiding and abetting a murder if the actual perpetrator of the same murder is convicted of murder? (California, United States of America)
Can a defendant who aided and abetted a crime, the natural and probable consequence of which was murder, be convicted of the resulting murder? (California, United States of America)
Can the felony-murder rule be applied to a charge of assault and murder in a case where appellant entered the home with intent to commit assault or murder? (California, United States of America)
What is the test for direct aiding and abetting in a murder case? (California, United States of America)
What is the test for evidence of aiding and abetting liability in a murder case? (California, United States of America)
What is the test for direct aiding and abetting in a murder case? (California, United States of America)
Is there any case law where a prosecution error or ineffective assistance contributed to a jury finding a defendant guilty of attempted murder on an aiding and abetting or conspiracy theory? (California, United States of America)
In a capital murder case, in what circumstances will the California Supreme Court order that a juror should not submit a questionnaire for the purpose of selecting a jury in capital murder cases? (California, United States of America)
What are the legal principles of aiding and abetting in a murder case? (California, United States of America)
What is the case law on aiding and abetting murder? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.