California Crimonal Jury Instructions-CALCRIM

CaliforniaJuryInstructions.Net

BankruptcyCode.US

California

United States Law.US

Criminal Jury Instructions Volume I

US Government

CALCRIM Series 400

US Tax Center

California Criminal Jury Instructions
Volume I
Series 400
AIDING AND ABETTING, INCHOATE, AND
ACCESSORIAL CRIMES

A. AIDING AND ABETTING AND RELATED DOCTRINES

CALCRIM No. 400

400. Aiding and Abetting: General Principles

A person may be guilty of a crime in two ways. One, he or she may have directly committed the crime. I will call that person the perpetrator. Two, he or she may have aided and abetted a perpetrator, who directly committed the crime. A person is equally guilty of the crime whether he or she committed it personally or aided and abetted the perpetrator who committed it. [Under some specific circumstances, if the evidence establishes aiding and abetting of one crime, a person may also be found guilty of other crimes that occurred during the commission of thefirst crime.]

New January 2006; Revised June 2007

BENCH NOTES

Instructional Duty

The court has a sua sponte duty to instruct on aiding and abetting when the prosecutor relies on it as a theory of culpability. (People v. Beeman (1984) 35 Cal.3d 547, 560–561 [199 Cal.Rptr. 60, 674 P.2d 1318].)

When the prosecution is relying on aiding and abetting, give this instruction before other instructions on aiding and abetting to introduce this theory of culpability to the jury.

If the prosecution is also relying on the natural and probable consequences doctrine, the court should also instruct with the last bracketed paragraph. Depending on which theories are relied on by the prosecution, the court should then instruct as follows.

Intended Crimes (Target Crimes)

If the prosecution’s theory is that the defendant intended to aid and abet the crime or crimes charged (target crimes), give CALCRIM No. 401, Aiding and Abetting: Intended Crimes.

Natural & Probable Consequences Doctrine (Non-Target Crimes)

If the prosecution’s theory is that any of the crimes charged were committed as a natural and probable consequence of the target crime, CALCRIM No.

159.

CALCRIM No. 400 Aiding and Abetting: General Principles Page159
CALCRIM No. 400 Aiding and Abetting: General Principles Page160

(Pub 1284)

California Criminal Jury Instructions-CALCRIM-Table of Contents
California Criminal Jury Instructions-CALCRIM-Volume 1 Table of Contents
California Jury Instructions-CALCRIM-Vol. 1. General Instructions

A Legal and Business Portal