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34 W. St. U. L. Rev. 43 (2006-2007)
Natural and Probable Consequences Doctrine: Your Acts Are My Acts

handle is hein.journals/wsulr34 and id is 47 raw text is: The Natural and Probable Consequences Doctrine: Your Acts Are My Acts! I. INTRODUCTION ..................................................... 43 II. EXTENDED LIABILITY ............................................... 44 A . Conspiracy ..................................................... 44 B. Aiding and Abetting ............................................ 45 C. Felony M urder Rule ............................................ 47 III. THE NATURAL AND PROBABLE CONSEQUENCES DOCTRINE ............ 49 A. A Reasonably Foreseeable Consequence Based on Surrounding Circum stances ................................................. 50 B. Causal Connection Between Target Crime and Non-target Crime . 51 C. Intent to Facilitate a Criminal Act ............................... 52 IV. APPLICATION OF THE NATURAL AND PROBABLE CONSEQUENCES D OCTRINE .......................................................... 53 A . Conspiracy Context ............................................ 53 B. Aiding and Abetting Context ................................... 56 V. CONCLUSION ........................................................... 61 I. INTRODUCTION Typically, individuals are responsible for their own acts, including the crimes they commit and the harms they cause. Under an extended liability theory, individuals who do not actually commit the crime may be held equally responsible for crimes committed by another. The natural and probable consequences doctrine punishes crimes that happen during criminal enterprises when the original crime attempted somehow changes. This occurs when two or more individuals intend to commit one crime, but instead one of the participants of the crime commits a different or additional crime. Conspiracy and aiding and abetting theories hold individuals responsible for the crimes they conspired to commit or aided and abetted to complete. The natural and probable consequences doctrine goes a step further and holds people accountable for unplanned harms which result from criminal activity. This is necessary for situa- tions where several criminals are involved as there is a greater chance of variability for what may ultimately happen. The natural and probable consequences doctrine en- ables punishment for the actual as opposed to the intended outcome. The article will discuss conspiracy as well as aiding and abetting theories and their limits as related to the natural and probable consequences doctrine. The article will next examine the felony murder rule and how it differs from the natural and probable consequences doctrine. The article will conclude by highlighting the Cali- fomia courts' use of the natural and probable consequences doctrine and elaborate on particular factors that have been taken into consideration when applying this doctrine.

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