Attempts solicitation obstructing justice and conspiracy
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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

ATTEMPTS, SOLICITATIONOBSTRUCTING JUSTICE, AND CONSPIRACY

California Criminal Law Concepts

Chapter 6

Mike Reid

LAHC


Attempts

ATTEMPTS

Referred to as:

  • “ ” CRIMES or

  • __________ CRIMES

    See PC 21a & PC 664

Inchoate

Incomplete


21a pc requirements

§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


Rationale

RATIONALE

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

2. Justifies punishment because it controls dangerous persons

“ ____ rea”

actus

mens


664 pc attempt

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

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


Possibility of completion

POSSIBILITY OF COMPLETION

Impossibility to Commit a crime?

What’s the difference?

  • _______ Impossible

  • ______ Impossible to commit crime

Factually

Legally


Attempts solicitation obstructing justice and conspiracy

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


Attempts solicitation obstructing justice and conspiracy

  • 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


Solicitation 653f pc

SOLICITATION 653f PC

Basic Elements of Soliciting

  • Soliciting another

  • To commit one of special crimes with the _______ intent that the crime be committed

specific


Attempts solicitation obstructing justice and conspiracy

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

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

PERJURY - PC 118(a)

Testimony which is:

____ _____

  • This can include police officers

  • PC 126 - Makes perjury a felony

NOT TRUE


Four key issues in perjury

FOUR KEY ISSUESIN PERJURY

  • Testifying under ____

  • Knowingly presenting _____

    evidence

  • Before a competent legal

    proceeding

  • Which must be of a _______

    (material) nature

oath

false

relevant


Pc 127

PC 127

One who willfully …

________ another to commit ______ is guilty of __________of perjury

Procures

perjury

subornation


Bribery

BRIBERY

PC 67: Bribing “________ Officers” (this includes Police Officers)

PC 68: Asking or Receiving a Bribe

  • Both are felonies

Executive


Bribery elements

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 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

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

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

PC 182 – CONSPIRACY

If ____ or more persons conspire:

  • To commit ___ crime

two

any


Elements of conspiracy

ELEMENTS OF CONSPIRACY

overt

furtherance

A conspiracy requires:

An _____act

In the “__________” of the conspiracy


Agreements necessary

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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