FORECITE National™
Instructions And Issues Omitted By The Pattern Instructions
Copyright & Publication Information
VOLUME 6 - CHAPTER 64
Go
to Volume
6 Table of Contents -
Go to Chapter
64 Table of Contents
64.5 Termination Of Accomplice Liability (Withdrawal/Abandonment)
64.5.1 Termination Of Liability For Accomplice: No Duty To Act Unreasonably In Preventing Commission Of The Crime
64.5.2 Termination Of Accomplice Liability: Abortion Of The Agreement Terminates Liability
FORECITE National™
Instructions And Issues Omitted By The Pattern Instructions
Copyright & Publication Information
VOLUME 6 - CHAPTER 64
64.5.1 Termination Of Liability For Accomplice: No Duty To Act Unreasonably In Preventing Commission Of The Crime
RATIONALE: When appropriate, an explanatory instruction may be necessary for the jury to understand that a withdrawal defense does not require the defendant to actually prevent the commission of the crime.
POINTS AND AUTHORITIES: Some cases have held that the defendant must do "everything in his [or her] power to prevent the commission of the crime." (People v. King (CA 1938) 30 CA2d 185, 204 [85 P2d 928]; see also Collins v. State (OK 1977) 561 P2d 1373, 1386 (opinion on rehearing).) However, this imposes an unreasonable burden on the person desiring to withdraw from the criminal activity. (Cf. People v. Brigham (CA 1989) 216 CA3d 1039, 1045 [265 CR 486].) For example, if an unarmed defendant seeks to withdraw from a robbery before its commission, it might be within the defendant's power to prevent the crime by throwing himself in front of the armed perpetrator's weapon. However, such action may well not be reasonable and in fact could be dangerous to both the defendant and innocent victims of the crime.
FEDERALIZATION: To federalize this request, click here. [Constitutional Macro 2.3; 4.1].
NOTE: "It is not necessary that the crime actually have been prevented." (LaFave & Scott, Substantive Criminal Law (West, 1986) §6.8, p. 162 [to terminate aiding and abetting/accomplice liability].)
RESEARCH NOTES:
See generally, FORECITE National™ 305.1.4 [Accomplice Liability: Aiding And Abetting/Accessory Before The Fact].
RELATED FEDERAL MODEL INSTRUCTIONS:
See generally, FORECITE National™ 64.1.7 [Accomplice Liability: Federal Circuit Model Instructions And Notes].
SAMPLE INSTRUCTION # 1:
One who has knowingly and with criminal intent aided and abetted the commission of a crime, may end [his] [her] responsibility for the crime by:
(1) Notifying the other party or parties, of whom [he] [she] has knowledge, of [his] [her] intention to withdraw from the commission of the crime, and
(2) By doing everything reasonable under the circumstances to prevent its commission.
It is not necessary that the crime actually have been prevented.
FORECITE National™
Instructions And Issues Omitted By The Pattern Instructions
Copyright & Publication Information
VOLUME 6 - CHAPTER 64
64.5.2 Termination Of Accomplice Liability: Abortion Of The Agreement Terminates Liability
PRACTICE NOTE: The defendant's liability for agreeing to assist the perpetrator in the commission of a crime is terminated once the original plan is aborted. (People v. Horton (CA 1995) 11 C4th 1068, 1115 [47 CR2d 516]; see also State v. Ayers (ME 1981) 433 A2d 356, 364.) This is so even if the original aider and abettor had knowledge that a crime might be committed by the perpetrator in the future and even though the original aider and abettor was an accessory after the commission of the crime. (Horton, 11 C4th at 1115-16.)
RESEARCH NOTES:
See generally, FORECITE National™ 305.1.4 [Accomplice Liability: Aiding And Abetting/Accessory Before The Fact].
RELATED FEDERAL MODEL INSTRUCTIONS:
See generally, FORECITE National™ 64.1.7 [Accomplice Liability: Federal Circuit Model Instructions And Notes].