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

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

§21a PC REQUIREMENTS An ____ attempt to commit a crime with … a intent to commit the crime, and a direct but ________ act toward its commission overt specific ineffectual

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

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 renunciate

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

If intent exists to commit the crime, BUT 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.. extraneous prevents

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

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

(GENERAL SERIOUS FELONIES) 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

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.

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

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

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

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

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

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

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.

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

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

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

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 not liable premeditation all