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ATTEMPTS, SOLICITATION OBSTRUCTING JUSTICE, AND CONSPIRACY

ATTEMPTS, SOLICITATION OBSTRUCTING JUSTICE, AND CONSPIRACY. California Criminal Law Concepts Chapter 6. Mike Reid LAHC. ATTEMPTS. Referred to as: “ ” CRIMES or __________ CRIMES See PC 21a & PC 664. Inchoate. Incomplete. §21a PC REQUIREMENTS.

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ATTEMPTS, SOLICITATION OBSTRUCTING JUSTICE, AND CONSPIRACY

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  1. ATTEMPTS, SOLICITATIONOBSTRUCTING JUSTICE, AND CONSPIRACY California Criminal Law Concepts Chapter 6 Mike Reid LAHC

  2. ATTEMPTS Referred to as: • “ ” CRIMES or • __________ CRIMES See PC 21a & PC 664 Inchoate Incomplete

  3. §21a PCREQUIREMENTS An ____ attempt to commit a crime with … • a intentto commit the crime, and • a direct but ________ act toward its commission overt specific ineffectual

  4. RATIONALE 1. Focus on “____ reus” as it controls dangerous conduct 2. Justifies punishment because it controls dangerous persons “ ____ rea” actus mens

  5. 664 PC-ATTEMPT • Every person who attempts to commit any crime, but fails, or is ________ or _________, is guilty of an attempt to commit a crime. • Punishable by; • ____ the sentence • Except______ cases prevented intercepted half murder

  6. ABANDONMENTOF ATTEMPT • To _________ or to abandon an attempted crime, the person must freely and voluntarily abandon the attempt, prior to the final execution of the act renunciate

  7. POSSIBILITY OF COMPLETION Impossibility to Commit a crime? What’s the difference? • _______ Impossible • ______ Impossible to commit crime Factually Legally

  8. extraneous If intentexists to commit the crime, BUT... some _________ factor_______ its completion EXAMPLES: • A woman stabs her husband in his bed, but he had already died of a heart attack • Or...the gun wouldn’t fire...etc.. prevents

  9. Acceptance of a delivery of talcum powder believed to be heroin: Attempt to possess narcotics • A fence (one who buys stolen property) took possession of property believed to be stolen: Attempt to receive stolen property • A man shoots into a room (with the intent to kill) where someone normally sleeps, they were not there; the case is factually impossible in order to charge them with attempted murder

  10. SOLICITATION 653f PC Basic Elements of Soliciting • Soliciting another • To commit one of special crimes with the _______ intent that the crime be committed specific

  11. SOLICITING 653f.(a) PC (GENERAL SERIOUS FELONIES) • Carjacking, robbery, burglary, grand theft, receiving stolen property, extortion, perjury, subornation of perjury, forgery, kidnapping, arson or assault with a deadly weapon or instrument or by means of force likely to produce great bodily injury, or • By the use of force or a threat of force, to prevent or dissuade any person who is or may become a witness from attending upon, or testifying at, any trial, proceeding, or inquiry authorized by law

  12. OBSTRUCTION OF JUSTICE • Includes a variety of sections • Bribery, perjury, threats, obstructing/delaying, intimidating, etc. • Includes actions by police, such as “assaults under color of authority,” etc.

  13. PERJURY - PC 118(a) Testimony which is: ____ _____ • This can include police officers • PC 126 - Makes perjury a felony NOT TRUE

  14. FOUR KEY ISSUESIN PERJURY • Testifying under ____ • Knowingly presenting _____ evidence • Before a competent legal proceeding • Which must be of a _______ (material) nature oath false relevant

  15. PC 127 One who willfully … ________ another to commit ______ is guilty of __________of perjury Procures perjury subornation

  16. BRIBERY PC 67: Bribing “________ Officers” (this includes Police Officers) PC 68: Asking or Receiving a Bribe • Both are felonies Executive

  17. BRIBERY ELEMENTS • Asking, giving, accepting or offering ________ of value or advantage or promise of same... • With ______ intent to corrupt, influence... • ____official act anything specific Any

  18. WHEN IS THE OFFENSE COMPLETE IN BRIBERY • When it is ____ the officer is being bribed • Receiving a bribe...once accused asks, receives or agrees, etc.. • Language: Not necessary to have any particular language, as long as bribe and unlawful intent is established clear

  19. OTHER BRIBERY STATUTES • PC 85 Bribing legislature • PC 86 Asking for or receiving a bribe by a member of the legislature • PC 92 Giving or offering a bribe to a judge, juror, or referee, etc.

  20. FALSIFICATION CRIMES • PC 132. Offering Forged or Altered Document as Genuine • PC 132.5. Crime Witness Selling Information • PC 133. Fraud or False Statement to Witness to Affect Testimony • PC 134. Falsifying Documents to Be Used in Evidence • PC 135. Destroying or Concealing Documentary Evidence

  21. PC 182 – CONSPIRACY If ____ or more persons conspire: • To commit ___ crime two any

  22. ELEMENTS OF CONSPIRACY overt furtherance A conspiracy requires: An _____act In the “__________” of the conspiracy

  23. AGREEMENTS NECESSARY not • A conspirator need___be present • A conspirator is still ____ if someone dies • If someone dies it’s first degree murder since conspiracy shows… ___________ • In joining an existing conspiracy, one “adopts” __ the prior “acts” of (all) co-conspirators liable premeditation all

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