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VOLUME 6 - CHAPTER 64
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64.4 Accomplice Liability: Knowledge, Intent And Act Must Precede The Crime

    64.4.1 Accomplice Liability: After Acquired Knowledge Or Intent Insufficient
    64.4.2 Post-Crime Assistance Insufficient For Accomplice Liability
    64.4.3 After Acquired Intent To Aid And Abet Robbery

THE NATIONAL CRIMINAL JURY INSTRUCTION COMPENDIUM
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VOLUME 6 - CHAPTER 64

PRACTICE NOTE: See State v. Avila (CT 1992) 613 A2d 731, 736 [defendant not vicariously liable for robbery of which he was unaware until perpetrator had left scene]; State v. Robinson (WA 1994) 872 P2d 43, 46 [driving robbery perpetrator from the scene insufficient for accomplice liability where defendant was unaware of perpetrator’s intent to commit a robbery until after it had been committed]; see also State v. Luna (WA 1993) 862 P2d 620, 622-23 [no evidence juvenile knew intentions of associates before theft completed].

See generally, NCJIC 305.1.4 [Accomplice Liability: Aiding And Abetting/Accessory Before The Fact].

See generally, NCJIC 64.1.7 [Accomplice Liability: Federal Circuit Model Instructions And Notes].

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VOLUME 6 - CHAPTER 64

RATIONALE: Without an explanatory instruction there is a danger that the jury may improperly interpret the standard instruction to improperly allow conviction based on after-acquired intent/knowledge and/or post-offense acts by the defendant.

POINTS AND AUTHORITIES: It is well-settled that acts committed after the crime has been completed are insufficient to establish aiding and abetting liability. (See U.S. v. Jones (4th Cir. 1979) 608 F2d 1004, 1008; People v. Haynes (CA 1998) 61 CA4th 1282, 1293 [72 CR2d 143] [jurors must find act of aiding and abetting was committed prior to termination of robbery]; People v. Rutkowsky (CA 1975) 53 CA3d 1069, 1072 [126 CR 104]; People v. Hoover (CA 1974) 12 C3d 875, 878-79 [117 CR 672]; People v. Cruz (NY 1991) 575 NYS2d 891; State v. Rundle (WI 1993) 500 NW2d 916, 924-25 [defendant’s conduct in withholding from medical authorities information as to earlier beating of child by defendant’s wife did not make defendant an accomplice to the beating]; see also LaFave & Scott, Substantive Criminal Law (West, 1986) § 6.9, p. 170-71.)

    However, some pattern instructions fail to make this rule clear. (See e.g., O'Malley, Grenig & Lee, FEDERAL JURY PRACTICE AND INSTRUCTIONS 18.01 [Aiding And Abetting - Explained] (West, 5th ed. 2000); CALIFORNIA JURY INSTRUCTIONS - CRIMINAL, CALJIC 3.01 [Aiding And Abetting–Defined] (West, 6th Ed. 1996).) Therefore, when the evidence includes acts committed after the crime was completed, the instructions should be supplemented to assure the jury understands the necessity of finding this element of the charge.

    See also NCJIC 64.4.1 [Accomplice Liability: After Acquired Knowledge Or Intent Insufficient].

    See also NCJIC 92.9.4.10 [No Felony Murder Liability Based On After-Acquired Intent To Commit Felony].

FEDERALIZATION: To federalize this request, click here. [Constitutional Macro 2.3; 4.1].

NOTE: Consideration should be given to whether the felony is completed for the purposes of aiding and abetting, see e.g., NCJIC 100.1.9.3 [Defense Theory Based On Termination Of Felony: Both Accomplice Liability And Felony Murder Liability Issues In Same Case].

RESEARCH NOTES:

See generally, NCJIC 305.1.4 [Accomplice Liability: Aiding And Abetting/Accessory Before The Fact].

See generally, NCJIC 64.1.7 [Accomplice Liability: Federal Circuit Model Instructions And Notes].

    Any assistance offered by the defendant to the perpetrator of the crime after the crime has been committed is insufficient to establish that [he] [she] aided and abetted the perpetrator in the commission of the offense.

    The defendant’s act or acts of [aiding, promoting, commanding, encouraging, etc] must have been committed before the crime was completed. You may not base a finding of accomplice liability based upon any act or acts which the defendant committed after the crime was completed even if such acts were intended by defendant to aid the person who committed the crime in avoiding apprehension or prosecution for the crime.

[9TH CIRCUIT MODEL JURY INSTRUCTIONS - CRIMINAL 5.1 [Aiding And Abetting] (2000).]

    An element of [accomplice] [aider and abettor] liability which the prosecution must prove beyond a reasonable doubt is that before or during the commission of the crime _________ (name of alleged aider and abettor] knowingly and intentionally aided and abetted ____________ (name of alleged perpetrator) in committing the crime. 

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VOLUME 6 - CHAPTER 64

    64.4.3    After Acquired Intent To Aid And Abet Robbery

    See NCJIC 100.1.9.2 [Robbery: Intent Formed After Termination As Defense Theory To Accomplice Liability].

See generally, NCJIC 305.1.4 [Accomplice Liability: Aiding And Abetting/Accessory Before The Fact].

See generally, NCJIC 64.1.7 [Accomplice Liability: Federal Circuit Model Instructions And Notes].