M Civ JI 174.03 Felonious and Intentional Killing: Aiding and Abetting - Definition

*[ In this case it has already been determined that [ name of killer ] feloniously and intentionally killed [ name of decedent ], and you must determine whether [ name of respondent ) aided and abetted in that killing. / In this case you must determine whether there was a felonious and intentional killing and whether [ name of respondent ] aided and abetted in that felonious and intentional killing. ]

(a) To aid and abet means to encourage or assist. Aiding and abetting includes all forms of assistance rendered to the one who actually caused the death, and it includes all words or deeds that may support, encourage or incite the act of causing the death. It does not matter how much assistance or encouragement is given, so long as it has the effect of inducing the death of the deceased.

(b) **(Aiding and abetting also includes being present or available to render assistance if necessary, although the person’s mere presence at the scene, in and of itself, is not sufficient to make a person an aider and abettor.)

(c) The aider and abettor must possess the following intent or know that the one who caused the death possessed the following intent:

(i) to kill, or

(ii) to cause great and serious bodily injury, or

(iii) to create a situation that has a very high risk of death or great and serious bodily injury with the knowledge that it would probably cause death or great and serious bodily injury.

The petitioner has the burden of proving that [ respondent aided and abetted in the killing of [ name of decedent ] / [ name of decedent ] was feloniously and intentionally killed and the respondent aided and abetted in the killing ].

Note on Use

*If there has been a final judgment of conviction of the killer, the first sentence in brackets should be used. If there has not been a final judgment of conviction of the killer, the second sentence in brackets should be used, and this instruction should be preceded by M Civ JI 174.02 Felonious and Intentional Killing—Definition. MCL 700.2803(6).

**This section should be used only if applicable.

This instruction should be preceded by an instruction on the preponderance of the evidence standard as stated in M Civ JI 8.01 Meaning of Burden of Proof. See Comment to M Civ JI 174.02 Felonious and Intentional Killing—Definition.

Comment

See MCL 700.2803. While the current statute does not use the words “aids and abets the killing” as did the predecessor statute (MCL 700.251), use of the phrase “criminally accountable” in MCL 700.2803(6) is intended to include both a direct perpetrator as well as an accomplice or co-conspirator. See the comment to Section 2-803 of the Uniform Probate Code (UPC) (1990). (MCL 700.2803(6) is taken from UPC 2-803(g). Also, under Michigan criminal law the distinction between principal and accessory is eliminated. MCL 767.39.

See, People v Palmer, 392 Mich 370; 220 NW2d 393 (1974) (aid and abet defined); People v Simmons, 134 Mich App 779; 352 NW2d 275 (1984) (required mens rea). See also the Commentary to CJI2d 8.1 Aiding and Abetting, CJI2d 8.4 Inducement, and CJI2d 8.5 Mere Presence Insufficient.

History

M Civ JI 174.03 was added February 1986. Amended December 1, 2002.​