attempts, solicitation obstructing justice, and conspiracy attempts, solicitation obstructing...
TRANSCRIPT
ATTEMPTS, SOLICITATION
OBSTRUCTING JUSTICE, AND
CONSPIRACY
California Criminal Law Concepts Chapter 6
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Mike ReidLAHC
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Referred to as:
• “ ” CRIMES or• __________ CRIMES
See PC 21a & PC 664
ATTEMPTS
InchoateIncomplete
§21a PCREQUIREMENTS
An ____ attempt to commit a crime with …
a intent to commit the crime, and
a direct but ________ act toward its commission
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overt
specific
ineffectual
RATIONALE
1. Focus on “____ reus” as it controls dangerous conduct
2. Justifies punishment because it controls dangerous persons “ ____ rea”
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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 sentenceExcept ______ cases
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preventedintercepte
d
halfmurder
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
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renunciate
POSSIBILITY OF COMPLETION
Impossibility to Commit a crime?
What’s the difference?• _______ Impossible• ______ Impossible to commit crime
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FactuallyLegally
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
extraneousprevent
s
• 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
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SOLICITATION 653f PC
Basic Elements of Soliciting
• Soliciting another• To commit one of special crimes with the _______ intent that the crime be committed
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specific
• 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
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SOLICITING 653f.(a) PC (GENERAL SERIOUS
FELONIES)
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.
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PERJURY - PC 118(a)
Testimony which is: ____ _____
This can include police officers
PC 126 - Makes perjury a felony
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NOT TRUE
FOUR KEY ISSUESIN PERJURY
• Testifying under ____• Knowingly presenting _____ evidence• Before a competent legal proceeding• Which must be of a _______
(material) nature14
oathfalse
relevant
PC 127
One who willfully …
________ another to commit ______ is guilty of __________ of perjury
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Procuresperjury
subornation
BRIBERY
PC 67: Bribing “________ Officers” (this includes Police Officers)
PC 68: Asking or Receiving a Bribe
• Both are felonies
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Executive
BRIBERY ELEMENTS
• Asking, giving, accepting or offering ________ of value or advantage or promise of same...• With ______ intent to
corrupt, influence...• ____ official act
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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
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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.
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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
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PC 182 – CONSPIRACY
If ____ or more persons conspire:
• To commit ___ crime
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two
any
A conspiracy requires:
• An _____act• In the “__________” of the conspiracy
ELEMENTS OF CONSPIRACY
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overtfurtherance
AGREEMENTS NECESSARY• A conspirator need ___ be present
• A conspirator is still ____ if someone diesIf someone dies it’s first degree
murder since conspiracy shows… ___________
• In joining an existing conspiracy, one “adopts” __ the prior “acts” of (all) co-conspirators
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not
liable
premeditation
all