Aid and abet

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"To assist the perpetrator of the crime while sharing in the requisite intent." United States v. Martinez, 555 F.2d 1269, 1271 (5th Cir. 1977).

To sustain a conviction for aiding and abetting, the Martinez court noted that the evidence must show that defendant was associated with the criminal venture, participated in it as something he wished to bring about, and sought by his action to make it succeed.

Under the concept of aiding and abetting, it is not necessary for the government to show that a defendant himself physically committed the crime with which he is charged in order for the government to sustain its burden of proof. A person who aids or abets another to commit an offense is just as guilty of that offense as if he committed it himself.

Aiding and abetting a criminal act is cited in Title 18 Section 2 of the United States Code (18 USCA 2), which states

(a) Whoever commits an offense against the United States or aids, abets, counsels, commands, induces or procures its commission, is punishable as a principal.
(b) Whoever willfully causes an act to be done which if directly performed by him or another would be an offense against the United States, is punishable as a principal.

Many states in the United States have similar laws proscribing this type of act.

These statutes allow the government to punish as a principal not only one who directly commits an offense and one who "aids, abets, counsels, commands, induces or procures" another to commit an offense, but also anyone who causes the doing of an act which if done by him directly would render him guilty of an offense against the United States.

The person who puts in motion or assists in the illegal enterprise but causes the commission of an indispensable element of the offense by an innocent agent or instrumentality, is guilty as a principal even though he intentionally refrained from the direct act constituting the completed offense.

In order to convict the defendant of aiding or abetting (as an accessory before the fact), the government must prove beyond a reasonable doubt that

  • the principal committed the crime at issue;
  • defendant was not present when the crime occurred; and
  • defendant procured, counseled or commanded the principal to commit the crime.