What is the test for knowing of the unlawful purpose of the perpetrator, and with the intent or purpose of committing, facilitating or encouraging commission of the crime?

California, United States of America


The following excerpt is from People v. Polydore, B257550 (Cal. App. 2016):

knowledge of the unlawful purpose of the perpetrator, and with the intent or purpose of committing, facilitating, or encouraging commission of the crime, by act or advice aids, promotes, encourages or instigates the commission of the crime. (People v. Prettyman (1996) 14 Cal.4th 248, 259.) Because there is rarely direct evidence of specific intent, it must usually be shown from the circumstances of the crime. (People v. Lashley (1991) 1 Cal.App.4th 938, 945-946.)

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)
Can a person encouraging or facilitating the commission of a crime be held criminally 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 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)
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)
What is the test for determining whether there were two crimes committed at the same time, one committed with the same intent and objectives, and the other committed with different intentions and objectives? (California, United States of America)
Is a defendant who knowingly aids and abets criminal conduct guilty of not only the intended crime but also of any other crime the perpetrator actually commits as a result of the crime? (California, United States of America)
What is the test for "instigates the perpetrator with the intent of encouraging or facilitating the commission of the crime"? (California, United States of America)
Is the intent of an aider and abettor to facilitate the commission of a specific intent crime necessarily the intent to achieve a future consequence? (California, United States of America)
What is the test for establishing that a defendant's intent to encourage or facilitate the actions of the perpetrator was formed prior to or during commissioning the crime? (California, United States of America)
What is the test for a jury to determine whether a defendant's intent to encourage or facilitate the actions of the perpetrator was formed prior to or during the crime? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.