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

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

3. §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

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. 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

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

8. 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

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. 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

11. (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

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: ____ _____ NOT TRUE
This can include police officers
PC Makes perjury a felony
NOT TRUE

14. 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

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 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 To commit ___ crime
If ____ or more persons conspire:
To commit ___ crime
two
any

22. ELEMENTS OF CONSPIRACY
A conspiracy requires:
An _____act
In the “__________” of the conspiracy
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
not
liable
premeditation
all