rosemond argued november decided march petitioner justus rosemond took part drug deal either one confederates fired gun shooter identity disputed government charged rosemond violating using carrying gun connection drug trafficking crime alternative aiding abetting offense trial judge instructed jury rosemond guilty aiding abetting offense knew cohort used firearm drug trafficking crime knowingly actively participated drug trafficking crime deviated rosemond proposed instruction jury must find acted intentionally facilitate encourage firearm use opposed merely predicate drug offense rosemond convicted tenth circuit affirmed rejecting argument district aiding abetting instructions erroneous held government establishes defendant aided abetted violation proving defendant actively participated underlying drug trafficking violent crime advance knowledge confederate use carry gun crime commission pp federal aiding abetting statute derives standards accomplice liability two components person liable takes affirmative act furtherance underlying offense intent facilitate offense commission pp first question whether rosemond conduct sufficient satisfy affirmative act requirement aiding abetting section two elements drug deal violent crime using carrying firearm connection crime instructions permitted jury convict rosemond aiding abetting even facilitated drug element gun element offense instructions correct common law imposed aiding abetting liability person facilitated element criminal offense even facilitate elements principle continues govern see johnson pp addition conduct extending part crime aiding abetting requires intent extending whole crime defendant must associate venture also participate something wishes bring seek actions make succeed nye nissen requirement satisfied person actively participates criminal venture full knowledge circumstances constituting charged offense see pereira active participant drug transaction intent needed aid abet violation knows one confederates carry gun must advance knowledge meaning knowledge time accomplice reasonable opportunity walk away pp trial jury instructions erroneous failed require rosemond knew advance one cohorts armed telling jury consider merely whether rosemond knew cohort used firearm direct jury determine rosemond obtained requisite knowledge decide whether rosemond knew gun sufficient time withdraw crime case remanded permit tenth circuit address whether objection properly preserved whether error harmless pp vacated remanded kagan delivered opinion roberts kennedy ginsburg breyer sotomayor joined scalia joined footnotes alito filed opinion concurring part dissenting part thomas joined opinion notice opinion subject formal revision publication preliminary print reports readers requested notify reporter decisions washington typographical formal errors order corrections may made preliminary print goes press justus rosemond petitioner writ certiorari appeals tenth circuit march justice kagan delivered opinion federal criminal statute title prohibits us ing carr ying firearm relation crime violence drug trafficking crime case consider government must show accuses defendant aiding abetting offense hold government makes case proving defendant actively participated underlying drug trafficking violent crime advance knowledge confederate use carry gun crime commission also conclude jury instructions given erroneous failed require defendant knew advance one cohorts armed case arises drug deal gone bad vashti perez arranged sell pound marijuana ricardo gonzales coby painter drove local park make exchange accompanied two confederates ronald joseph petitioner justus rosemond one men apparently took front passenger seat sat back witnesses dispute designated meeting place gonzales climbed car backseat painter waited outside backseat passenger allowed gonzales inspect marijuana rather handing money gonzales punched man face fled drugs gonzales painter ran away one male passengers one contested exited car fired several shots semiautomatic handgun shooter vehicle three wouldbe drug dealers gave chase three catch quarry police officer responding dispatcher alert pulled car federal prosecution rosemond government charged rosemond inter alia violating using gun connection drug trafficking crime aiding abetting offense title section provides person relation crime violence drug trafficking crime uses carries firearm shall receive sentence minimums applicable respectively firearm also brandished discharged section part federal aiding abetting statute provides hoever commits offense aids abets counsels commands induces procures commission punishable principal consistent indictment government prosecuted charge two alternative theories government primary contention rosemond used firearm aborted drug transaction recognizing identity shooter disputed government also offered argument even joseph fired gun drug deal fell apart rosemond aided abetted violation district judge accordingly instructed jury aiding abetting law first explained way challenged neither party rudiments statute judge stated person aids abets another commit offense guilty offense committed app order aid abet defendant must willfully knowingly associate way crime seek act help make crime succeed judge turned applying general principles deviated instruction rosemond proposed according rosemond defendant found guilty aiding abetting violation intentionally took action facilitate encourage use firearm opposed predicate drug offense district judge disagreed instead telling jury convict defendant knew cohort used firearm drug trafficking crime defendant knowingly actively participated drug trafficking crime closing argument prosecutor contended rosemond easily satisfied standard even fired gun still guilty crime prosecutor stated rosemond certainly knew actively participated drug transaction ibid regards element prosecutor urged fact person present active drug deal shots fired know cohort using gun simply ca ibid jury convicted rosemond violating well offenses charged verdict form general reveal whether jury found rosemond used gun instead aided abetted confederate use marijuana deal required trial imposed sentence months imprisonment statute violation tenth circuit affirmed rejecting rosemond argument district aiding abetting instructions appeals acknowledged circuits agreed rosemond defendant aids abets offense intentionally takes action facilitate encourage cohort use firearm tenth circuit already adopted different standard thought consonant district instructions see wiseman requiring defendant actively participated underlying crime knew confederate carrying firearm appeals held rosemond presented sufficient reason departing precedent see granted certiorari resolve circuit conflict takes aid abet offense although disagree rosemond principal arguments find trial erred instructing jury therefore vacate judgment ii federal aiding abetting statute person furthers specifically aids abets counsels commands induces procures commission federal offense punishable principal provision derives though simplifies standards accomplice liability see standefer peoni hand substance formula goes back long way reflects view culpability person may responsible crime personally carried helps another complete commission see hawley mcgregor criminal law previously held provide knowing aid persons committing federal crimes intent facilitate crime committing crime central bank denver first interstate bank denver parties embrace formulation agree well two components see brief petitioner brief common law person liable aiding abetting crime takes affirmative act furtherance offense intent offense commission see lafave substantive criminal law hereinafter lafave accomplice liable principal gives assistance encouragement intent thereby promote facilitate commission crime hicks accomplice liable acts assistance done intention encouraging abetting crime questions parties dispute address concern two requirements affirmative act intent apply prosecution aiding abetting offense questions arise compound nature provision recall forbids us ing carr ying firearm engaged crime violence drug trafficking crime see supra prosecutor must show use carriage gun must prove commission predicate violent drug trafficking offense see smith purposes ascertaining aiding abetting liability therefore must consider person act crime intend facilitate commission address issue turn consider first rosemond account conduct divorced issues intent rosemond actively drug transaction accompanying two others site money exchanged pound marijuana tells took action respect firearm buy borrow gun facilitate narcotics deal carry gun scene use gun subsequent events constituting criminal misadventure acts thus advanced one part drug part incident speak bit technically one element drug element crime enough satisfy conduct requirement aiding abetting charge must rosemond claims taken act assist commission firearm component common law imposed aiding abetting liability person possessing requisite intent part even though every part criminal venture leading treatise published around time enactment put point accomplice liability attached upon proof ny participation general felonious plan carried confederates wharton criminal law ed hereinafter wharton emphasis added words another standard reference person present abetting act necessary constitute offense performed another charged principal even though act whole thing necessary bishop commentaries criminal law ed emphasis added several acts constitute together one crime separately performed different individual principals whole indeed yet third treatise underscored person involvement crime merely partial minimal quantity assistance immaterial long accomplice something aid crime desty compendium american criminal law emphasis added common law maintained every little bit helps contribution part crime aids whole principle continues govern aiding abetting law almost every appeals held defendant convicted aider abettor without proof participated every element offense sigalow proscribing aiding abetting congress used language comprehends assistance rendered words acts encouragement support presence reves ernst young even aid relates one crime phases elements example upholding convictions abetting tax evasion scheme found irrelevant defendants filing false return thought amply facilitated illegal scheme helping confederate conceal assets johnson shared overall crime execution explained equal responsibility law whatever may different roles similarly approved conviction abetting mail fraud even though defendant played part mailing fraudulent documents enough law conduct requirement ways aided deception see pereira division labor two confederates thus significance strategy take element take one free neither party established approach rosemond participation drug deal satisfies requirement aiding abetting violation previously described commission drug trafficking violent crime less use firearm essential conduct element offense see supra enacting statute congress proscribed use firearm commission acts constitute drug trafficking crime rosemond therefore assist violation facilitating either drug transaction firearm use course helping bring one part offense whether trafficking drugs using gun necessarily helped complete whole ends analysis conduct inconsequential courts applying common law held acts advance element offense matters facilitated one component rosemond argues contrary requisite act must directed use firearm element essential feature brief petitioner arguing firearm crime really charged aiding abetting drug trafficking crime rosemond provide demanding affirmative act go toward element considered peculiarly significant rather noted courts never thought relevant importance aid rendered see supra event reject rosemond premise somehow using guns selling narcotics true enough rosemond says support theory establishes separate freestanding offense underlying drug trafficking crime brief petitioner quoting simpson true establishes freestanding offense distinct might apply using gun say discharging firearm public park coin term combination crime punishes temporal relational conjunction two separate acts ground together pose extreme risk harm see muscarello noting basic purpose combat dangerous combination drugs guns act relating drugs much act relating guns facilitates violation rosemond related argument approach conflate two distinct offenses allowing conviction abetting violation whenever prosecution shows defendant abetted underlying drug trafficking crime fares better see brief petitioner describe aiding abetting conviction requires act facilitating one another element also state mind extending entire crime see infra rule defendant may convicted abetting violation intent reaches beyond simple drug sale armed one aiding abetting law intent component turn thus preserves distinction assisting predicate drug trafficking crime assisting broader offense begin return basics aiding abetting law intent requirement party disputes previously explained person aids abets crime addition taking requisite act intends facilitate offense commission see supra intent advance different lesser offense least usually sufficient instead intent must go specific entire crime charged full scope predicate crime plus gun use see lafave clark marshall law crimes pp ed ali model penal code comment canonical formulation needed state mind later appropriated parties briefs judge learned hand aid abet crime defendant must sort associate venture also participate something wishes bring seek action make succeed nye nissen quoting peoni see brief petitioner brief previously found intent requirement satisfied person actively participates criminal venture full knowledge circumstances constituting charged offense pereira mail fraud case discussed found requisite intent aiding abetting defendant took part fraud know ing confederate take care mailing see supra likewise bozza conviction aiding abetting evasion liquor taxes defendant helped operate clandestine distillery know ing business set violate government revenue laws several courts appeals similarly held addressing fact pattern much like one unarmed driver getaway car requisite intent aid abet armed bank robbery knew confederates use weapons carrying crime see akiti easter purposes aiding abetting law person actively participates criminal scheme knowing extent character intends scheme principle holds active participant drug transaction intent needed aid abet violation knows one confederates carry gun case accomplice decided join criminal venture share benefits full awareness scope plan calls drug sale armed one chosen like abettors pereira bozza driver armed robbery align illegal scheme entirety including use firearm determined like abettors make scheme succeed nye nissen thus becomes responsible typical way aiders abettors conduct others may brought gun drug deal took part deal knowing confederate intended commission offense armed drug sale true though defendant knowledge firearm must advance knowledge otherwise said knowledge enables make relevant legal indeed moral choice accomplice knows beforehand confederate design carry gun attempt alter plan unsuccessful withdraw enterprise deciding instead go ahead role venture shows intent aid armed offense accomplice knows nothing gun appears scene may already completed acts assistance even may late point realistic opportunity quit crime defendant shown requisite intent assist crime involving gun even government concedes unarmed accomplice aid abet violation unless foreknowledge confederate commit offense firearm brief see also infra reasons given think means knowledge time accomplice something notably opt walk parties find something dislike view issue rosemond argues participant drug deal intends assist violation affirmatively desires one confederates use gun see reply brief jury rosemond concedes infer state mind defendant advance knowledge plan included firearm see tr oral arg according rosemond instructions must also permit jury draw opposite conclusion although defendant participated drug deal knowing gun involved want carriage use higher standard rosemond claims necessary avoid subjecting persons different culpability punishment rosemond offers example unarmed driver assisting heist store person spent drive trying persuade confederate leave gun behind convicted abetting shoplifting armed robbery reply brief think matters purposes gauging intent jury instructions convey defendant chosen full knowledge participate illegal scheme left planned identical crime consider variant rosemond example driver getaway car wants help rob convenience store argues passionately plan eventually accedes confederates decide instead hold national bank whatever original misgivings requisite intent aid abet bank robbery put aside doubts knowingly took part dangerous crime true accomplice knowingly joins armed drug transaction regardless whether formerly indifferent even resistant using firearms law care whether participates happy heart sense foreboding either way culpability either way knowingly elected aid commission peculiarly risky form offense final metaphorical way making point virtue using firearm drug deal ups ante accomplice might decide play perilous stakes might grasp better course fold hand expect capacity hedge bets joining dangerous criminal scheme evading penalties leaving use gun someone else aiding abetting law prevents outcome long player knew heightened stakes decided stay game government part thinks take strict view defendant charged abetting violation must acquire knowledge noted government recognizes accused accomplice must foreknowledge gun presence brief see supra government views standard met whenever accomplice learned firearm continues act assisting drug transaction see brief according government jury convict defendant even became aware gun realistically opted crime approach think diminish far requirement defendant prosecution must intend armed drug deal assume example accomplice agrees participate drug sale express condition one brings gun place exchange parties making trade accomplice notices one confederates poorly concealed firearm jacket government convict accomplice aiding abetting offense assists completing deal without incident rather running away otherwise aborting sale see tr oral arg behaving government suggests might increase risk gun violence accomplice participants bystanders conversely finishing sale might best way avoid danger circumstance jury entitled find defendant intended drug sale never intended facilitate bear responsibility drug deal carried gun defendant manifests greater intent incurs greater liability chooses participate drug transaction knowing involve firearm makes choice knowledge comes late reasonably able act upon iii principles district erred instructing jury explain rosemond needed advance knowledge firearm presence recall stated rosemond guilty aiding abetting knew cohort used firearm drug trafficking crime knowingly actively participated drug trafficking crime app agree instruction second half explained active participation drug sale sufficient liability even conduct extend firearm long defendant prior knowledge gun involvement see supra problem instruction came description knowledge requirement telling jury consider merely whether rosemond knew cohort used firearm direct jury determine rosemond obtained requisite knowledge example jury convicted even rosemond first learned gun fired took action advance crime reason government describes instruction first half potentially misleading candidly explaining clearer say rosemond know confederate use firearm something makes absolutely clear need foreknowledge tr oral arg agree view statement failed convey rosemond advance knowledge kind described confederate armed see supra government contends problematic instruction looks accurate viewed context particular government points district prefatory umbrella instruction aid abet crime defendant must willfully knowingly seek act help make crime succeed app brief statement government rightly notes mirrors judge hand classic formulation tr oral arg see supra statement also pitched high level generality immediately afterward district provided jury test noted thus indicating broad principle apply specific charge abetting offense therefore see umbrella statement cured error indeed different contextual feature case amplified mistake earlier described prosecutor asserted closing argument test easily satisfied person present active drug deal shots fired know cohort using gun app see supra prosecutor thus invited jury convict rosemond even first learned gun discharged matter afterward message jury need find advance knowledge exactly matter government said required send case back tenth circuit consider appropriate consequence district error government makes two arguments relevant inquiry first contends rosemond failed object specifically part trial instructions found wanting thus government asserts standard apply claim see fed rule crim proc johnson second government argues error aiding abetting instruction harmless jury must found based another part verdict discussed rosemond fired gun claims raised addressed see special reason decide first instance see travelers casualty surety america pacific gas elec accordingly vacate judgment remand case proceedings consistent opinion ordered opinion alito justus rosemond petitioner writ certiorari appeals tenth circuit march justice alito justice thomas joins concurring part dissenting part largely agree analysis first pages opinion strongly disagree discussion comes point specifically reject conclusion conviction aiding abetting violation demands proof alleged aider abettor terms realistic opportunity refrain engaging conduct ante rule represents important far aware unprecedented alteration law aiding abetting law intentionality generally explain disagreement analysis begin case law mens rea required establish aiding abetting tension cases point specifically cases suggest aider abettor must act purposefully intent prominent among cases nye nissen quotes see ante case quoting judge learned hand formulation peoni said aider abettor must crime something wishes bring seek action make succeed hand cases also refers ante appear hold requisite mens rea simply knowledge see pereira bozza refers interchangeably tests thus leaves case law somewhat conflicted state previously existed difference acting purposefully concept properly understood acting knowingly slight matter great concern beginning page however veers new mind unfortunate direction imagines following situation accomplice agrees participate drug sale express condition one brings gun place exchange parties making trade accomplice notices one confederates poorly concealed firearm jacket ante accomplice despite spotting gun continues assist completion drug sale accomplice aided abetted commission violation answer depends walking away observes might increase risk gun violence accomplice participants bystanders conversely finishing sale might best way avoid danger ante moreover seriously misguided step occurs says risk walking away exceeds unspecified degree risk created completing sale alleged aider abettor chooses continue reason alleged aider abettor lacks mens rea required conviction see ante done convert affirmative defense part required mens rea step important conceptual practical consequences fundamentally alters prior understanding mental form foundation substantive criminal law places strange difficult burden prosecution taken radical step seen comparing holds traditional defense necessity defense excuses violation law harm result compliance law greater result violation lafave substantive criminal law hereinafter lafave almost exactly calculus adopted traditional approach necessity affirmative defense see bailey necessity closely related defense duress affirmative defenses almost invariably negate mens rea necessary incur criminal liability see lafave rationale necessity defense person faced pressure circumstances nature lacks mental element crime question requires duress made clear except narrow circumstances necessity duress negate mens rea required conviction dixon defendant charged knowingly willfully committing certain criminal acts claimed committed acts boyfriend threatened kill hurt daughters contended formed necessary mens rea crimes freely choose commit acts question rejected argument explaining duress defense like defense necessity may excuse conduct otherwise punishable existence duress normally controvert elements offense suggested one situation prosecution might required disprove duress namely particular crime demands proof accused acted maliciously say without justification excuse internal quotation marks omitted justifies holding ground mens rea standard articulated nye nissen also falls within exception general rule proof necessity duress negate mens rea ante refrained pages opinion deciding whether aiding abetting requires purposeful opposed knowing conduct quickly without explanation jettisons knowing standard concludes purposeful conduct needed critical move enough alleged aider abettor simply know confederate carrying gun alleged aider abettor hypothetical case spots gun confederate person unquestionably mens rea needed conviction even accepting nye nissen standard exclusive means proving required mens rea analysis still quite wrong nye nissen standard government must simply prove defendant conscious object hypothetical drug sale defendant knew included carrying gun one participants go forward completion see nye nissen intent perfectly consistent facts supporting necessity duress defense person certainly intend success criminal enterprise aids belief give rise lesser evil refusal participate bring confuses two fundamentally distinct concepts intent motive seems assume defendant motive aiding criminal venture avoid greater evil intent venture succeed intent undertake act course perfectly consistent motive avoiding adverse consequences otherwise occur testify daily experience people wake go work balance checkbooks shop groceries yes commit crimes believe something bad happen things deepest desire heart person may go work morning keep family destitution mean intend put full day work way fact defendant carries crime feels must pain terrible consequences mean intend carry crime jean valjean stole loaf bread feed starving family certainly intended commit theft fact living america today may pleaded necessity defense change fact see hugo les misérables fall river press ed commentators recognized elementary distinction intent motive sir james fitzjames stephen explains puts loaded pistol temple shoots head deliberately obvious every case intention must kill history criminal law england fact throws light whatever motives killing may infinitely various motive may desire revenge desire plunder wish part defend attack put man already mortally wounded agony cases intention motives different intention may remain unchanged first last whilst motives may vary moment moment ibid unsurprisingly cases recognized lawful motive necessity duress consistent mens rea necessary satisfy requirement intent martin ohio considered whether due process permitted state ohio place burden proving defendant charged aggravated murder ohio statute aggravated murder consisted purposely prior calculation design caus ing death another alteration original internal quotation marks omitted martin pleaded required prove fault creating situation giving rise argument victim honest belief imminent danger death great bodily harm means escape danger use force violate duty retreat avoid danger ibid martin argued due process permit state impose burden proving proving necessarily negate elements aggravated murder state required prove beyond reasonable doubt disagreed explaining elements state required prove convict martin elements martin required prove prevail theory holding recognized defendant purpose kill another incompatible defendant honest belief imminent danger death great bodily harm use force necessary preserve life words fact defendant intends kill another avert mortal peril mean defendant intend kill principle plays wide variety cases provides good example ninth circuit decide whether defendant constitutionally required bear burden proving duress defense conviction attempted illegal reentry pleaded duress testifying entered escape deadly threat posed abusive mexican police officers chasing ninth circuit earlier held mens rea required conviction attempted illegal reentry purpose conscious desire reenter appeals nevertheless found constitution permitted imposition burden proving duress proving duress require prove purposely entered ninth circuit explained duress mens rea requirement intent overlap desire enter country even act crossing border done escape harm thus seems inarguable existence purpose intent carry crime perfectly compatible facts giving rise necessity duress defense proposition established error readily apparent requires government prove defendant rosemond situation walked away without risking harm greater cause continuing crime circumstances traditionally support necessity duress defense imposes requirement government despite fact dangerous circumstances simply bear whether defendant intends offense succeed reading required aiding abetting liability usual rule defendant bears burden proving affirmative defenses justified compelling commonsense intuition facts regard issue lie peculiarly knowledge party party best situated bear burden proof smith slip quoting dixon alteration original internal quotation marks omitted abandoning rule cases involving aiding abetting offenses creates perverse arrangement whereby prosecution must prove something peculiarly within knowledge defendant imagine aids committing offense claims learned gun crime begun burden proof might testify hothead previously shot others crossed rule prosecution order show intent needed convict aider abettor presumably burden proving person believe prosecution offering testimony friends associates regarding peaceful easygoing nature introducing entries diary reflects sense safety feels carrying criminal enterprises company furthermore even hothead knew presumably entitled escape liability continued offense fear reaction walked away rule government prove continued participation account fear introducing footage convenient security camera demonstrating eyes wide fear breathing rapid rule breaks tradition case law also makes sense respectfully dissent portion opinion places government burden proving alleged aider abettor offense terms realistic opportunity refrain engaging conduct issue footnotes justice scalia joins footnotes opinion government agreed bring charges four participants narcotics deal exchange giving truthful testimony rosemond see record appeals stated address argument even jury found rosemond fired gun conviction based general verdict subject challenge jury instructed alternative theories guilt may relied invalid one quoting hedgpeth pulido per curiam see bancalari wharton treatise gave following example multiple confederates perform different roles carrying crime assume wharton hypothesized several persons act concert steal man goods wharton victim induced fraud trust one presence others goods possession ibid afterward another party entice owner away goods may carry wharton concludes guilty principals see also ali cadc roving defendant guilty aiding abetting ordinarily require government establish participation element underlying offense government required prove defendant participated element substantive offense order hold liable aider abettor woods government need prove assistance related every element underlying offense forth consider hypothetical similar johnson pereira modern variant wharton treatise see supra suppose part kidnapping scheme one accomplice lures victim car false pretenses another drives vehicle third allows use house hold victim captive still fourth keeps watch outside divert potential witnesses none personally completed even assisted elements offense see listing elements requisite intent liable authorities suggest exception general rule another crime natural probable consequence crime defendant intended abet see lafave citing cases see better view one accomplice crime merely crime natural probable consequence another offense accomplice question implicated one contends violation natural probable consequence simple drug trafficking therefore express view issue deal cases defendants incidentally facilitate criminal venture rather actively participate hypothetical case owner gun store sells firearm criminal knowing caring gun used express view sort facts suffice show third party intent necessary convicted aiding abetting course defendant continues participate crime gun displayed used confederate jury permissibly infer failure object withdraw knowledge criminal case factfinder draw inferences defendant intent based facts circumstances crime commission contrary dissent view see post nothing holding changes way defenses duress necessity operate neither decision remotely deny intent undertake act perfectly consistent motive avoiding adverse consequences otherwise occur post holding grounded distinctive intent standard aiding abetting someone else act words judge hand defendant must sort associate venture seems good enough dissent also participate something wishes bring seek action make succeed nye nissen quoting peoni reasons given see supra think intent standard satisfied defendant charged aiding abetting offense learns gun realistically walk away opportunity decide whether wishes bring make succeed armed drug transaction rather simple drug crime defendant prior knowledge part intent required aid abet offense burden prove resides government footnotes also concerned use without clarification phrase advance knowledge lead readers astray ante viewed phrase naturally means knowledge acquired advance commission drug trafficking offense means rather advance knowledge used may include knowledge acquired drug trafficking offense progress specifically defendant knowledge says first learns gun drug offense progress time realistically opted crime ante traditionally defense necessity employed natural forces created situation justifying situation product human action duress appropriate defense lafave odern cases tended blur distinction two defenses bailey doubtless possible treat duress branch law necessity lafave