ATTEMPTS, SOLICITATION OBSTRUCTING JUSTICE, AND CONSPIRACY

ATTEMPTS, SOLICITATION

OBSTRUCTING JUSTICE, AND

CONSPIRACY

California Criminal Law Concepts Chapter 6

1

Mike ReidLAHC

2

Referred to as:

• “ ” CRIMES or• __________ CRIMES

See PC 21a & PC 664

ATTEMPTS

InchoateIncomplete

§21a PCREQUIREMENTS

An ____ attempt to commit a crime with …

a intent to commit the crime, and

a direct but ________ act toward its commission

3

overt

specific

ineffectual

RATIONALE

1. Focus on “____ reus” as it controls dangerous conduct

2. Justifies punishment because it controls dangerous persons “ ____ rea”

4

actus

mens

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 sentenceExcept ______ cases

5

preventedintercepte

d

halfmurder

ABANDONMENT OF 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

6

renunciate

POSSIBILITY OF COMPLETION

Impossibility to Commit a crime?

What’s the difference?• _______ Impossible• ______ Impossible to commit crime

7

FactuallyLegally

If intent exists 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..8

extraneousprevent

s

• 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

9

SOLICITATION 653f PCBasic Elements of Soliciting• Soliciting another• To commit one of special crimes with the _______ intent that the crime be committed

10

specific

• 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

11

SOLICITING 653f.(a) PC (GENERAL SERIOUS

FELONIES)

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.

12

PERJURY - PC 118(a)Testimony which is: ____ _____

This can include police officers

PC 126 - Makes perjury a felony

13

NOT TRUE

FOUR KEY ISSUESIN PERJURY

• Testifying under ____• Knowingly presenting _____ evidence• Before a competent legal proceeding• Which must be of a _______

(material) nature14

oathfalse

relevant

PC 127

One who willfully …________ another to commit ______ is guilty of __________ of perjury

15

Procuresperjury

subornation

BRIBERY

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

16

Executive

BRIBERY ELEMENTS

• Asking, giving, accepting or offering ________ of value or advantage or promise of same...• With ______ intent to

corrupt, influence...• ____ official act

17

anything

specific

Any

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

18

clear

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.

19

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

20

PC 182 – CONSPIRACY

If ____ or more persons conspire:• To commit ___ crime

21

two

any

A conspiracy requires:• An _____act• In the “__________” of the conspiracy

ELEMENTS OF CONSPIRACY

22

overtfurtherance

AGREEMENTS NECESSARY• A conspirator need ___ be present• A conspirator is still ____ if

someone diesIf someone dies it’s first degree

murder since conspiracy shows… ___________

• In joining an existing conspiracy, one “adopts” __ the prior “acts” of (all) co-conspirators

23

not

liable

premeditation

all