ATTEMPTS SOLICITATION OBSTRUCTING JUSTICE AND CONSPIRACY Mike Reid

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

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

§ 21 a PC REQUIREMENTS An ____ overt attempt to commit a crime with … üa specific intent to commit the crime, and ineffectual üa direct but ____ act toward its commission 3

RATIONALE 1. Focus on “____ actus reus” as it controls dangerous conduct 2. Justifies punishment because it controls dangerous persons “ mens ____ rea” 4

664 PC-ATTEMPT • Every person who attempts to commit any crime, but prevented or fails, or is ____ intercepted is guilty of an _____, attempt to commit a crime. • Punishable by; half the sentence ü____ murder cases üExcept ______ 5

ABANDONMENT OF ATTEMPT renunciate or to abandon an • To _____ attempted crime, the person must freely and voluntarily abandon the attempt, prior to the final execution of the act 6

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

If intent exists to commit the extraneous crime, BUT. . . some _____ prevents its completion factor _______ 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

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

SOLICITING 653 f. (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 11

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: NOT _____ TRUE ____ üThis can include police officers üPC 126 - Makes perjury a felony 13

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

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

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

BRIBERY ELEMENTS • Asking, giving, accepting or offering ____ anything of value or advantage or promise of same. . . • With specific ______ intent to corrupt, influence. . . • ____ Any official act 17

WHEN IS THE OFFENSE COMPLETE IN BRIBERY • When it is clear ____ 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

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 ____ two or more persons conspire: any crime • To commit ___ 21

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

AGREEMENTS NECESSARY • A conspirator need ___ not be present • A conspirator is still ____ if someone dies liable üIf someone dies it’s first degree murder since conspiracy shows… ______ premeditation • In joining an existing conspiracy, one “adopts” __ the prior “acts” of (all) co-conspirators all 23