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ATTEMPTS, SOLICITATION OBSTRUCTING JUSTICE, AND CONSPIRACY ATTEMPTS, SOLICITATION OBSTRUCTING JUSTICE, AND CONSPIRACY California Criminal Law Concepts.

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Presentation on theme: "ATTEMPTS, SOLICITATION OBSTRUCTING JUSTICE, AND CONSPIRACY ATTEMPTS, SOLICITATION OBSTRUCTING JUSTICE, AND CONSPIRACY California Criminal Law Concepts."— Presentation transcript:

1 ATTEMPTS, SOLICITATION OBSTRUCTING JUSTICE, AND CONSPIRACY ATTEMPTS, SOLICITATION OBSTRUCTING JUSTICE, AND CONSPIRACY California Criminal Law Concepts Chapter 6 1 Mike Reid LAHC

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

3 §21a PC REQUIREMENTS §21a PC REQUIREMENTS 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

4 RATIONALE RATIONALE 1. Focus on “____ reus” as it controls dangerous conduct 2. Justifies punishment because it controls dangerous persons “ ____ rea” 4 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 5 prevented intercepted half murder

6 ABANDONMENT OF ATTEMPT 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

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

8 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 extraneous 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 9

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

11 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)

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. 12

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

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

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

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

17 BRIBERY ELEMENTS 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

18 WHEN IS THE OFFENSE COMPLETE IN BRIBERY 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

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. 19

20 FALSIFICATION CRIMES FALSIFICATION CRIMES PC 132. Offering Forged or Altered Document as Genuine PC 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

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

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

23 AGREEMENTS NECESSARY 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 23 not liable premeditation all


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