OBSTRUCTING JUSTICE AND CONSPIRACY California Criminal Law Concepts Chapter 6 1 Mike Reid LAHC 2 Referred to as CRIMES or CRIMES See PC 21a amp PC 664 ID: 314841
Download Presentation The PPT/PDF document "ATTEMPTS, SOLICITATION" is the property of its rightful owner. Permission is granted to download and print the materials on this web site for personal, non-commercial use only, and to display it on your personal computer provided you do not modify the materials and that you retain all copyright notices contained in the materials. By downloading content from our website, you accept the terms of this agreement.
Slide1
ATTEMPTS, SOLICITATIONOBSTRUCTING JUSTICE, AND CONSPIRACY
California Criminal Law Concepts Chapter 6
1
Mike
Reid
LAHCSlide2
2Referred to as:“ ” CRIMES or __________ CRIMESSee PC 21a & PC 664
ATTEMPTS
Inchoate
IncompleteSlide3
§21a PCREQUIREMENTS An ____ attempt to commit a crime with …a
intent to commit the crime, anda direct but ________ act toward its commission
3
overt
specific
ineffectualSlide4
RATIONALE 1. Focus on “____ reus” as it controls dangerous conduct2. Justifies punishment because it controls dangerous persons “ ____
rea”4
actus
mensSlide5
664 PC-ATTEMPTEvery 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
______ cases5
prevented
intercepted
half
murderSlide6
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
6
renunciateSlide7
POSSIBILITY OF COMPLETION Impossibility to Commit a crime?What’s the difference?_______ Impossible______ Impossible
to commit crime 7
Factually
LegallySlide8
If intent exists to commit the crime, BUT... some _________ factor _______ its completionEXAMPLES:
A woman stabs her husband in his bed, but he had already died of a heart attackOr...the gun wouldn’t fire...etc..8
extraneous
preventsSlide9
Acceptance of a delivery of talcum powder believed to be heroin: Attempt to possess narcoticsA 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 murder9Slide10
SOLICITATION 653f PC Basic Elements of SolicitingSoliciting anotherTo commit one of special crimes with the _______ intent that the crime be committed
10
specificSlide11
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, orBy 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
SOLICITING 653f.(a) PC
(GENERAL SERIOUS FELONIES)Slide12
OBSTRUCTION OF JUSTICEIncludes a variety of sectionsBribery, perjury, threats, obstructing/delaying, intimidating, etc.Includes actions by police, such as “assaults under color of authority,” etc.
12Slide13
PERJURY - PC 118(a)
Testimony which is: ____ _____ This can include police officers PC 126 - Makes perjury a felony
13
NOT TRUESlide14
FOUR KEY ISSUESIN PERJURY
Testifying under ____ Knowingly presenting _____ evidence Before a competent legal proceeding
Which must be of a _______
(material) nature
14
oath
false
relevantSlide15
PC 127 One who willfully …
________ another to commit ______ is guilty of __________
of perjury
15
Procures
perjury
subornationSlide16
BRIBERY PC 67: Bribing “________ Officers” (this includes Police Officers)
PC 68: Asking or Receiving a Bribe Both are felonies
16
ExecutiveSlide17
BRIBERY ELEMENTS Asking, giving, accepting or offering ________ of value or advantage or promise of same...
With ______ intent to corrupt, influence... ____ official act
17
anything
specific
A
nySlide18
WHEN IS THE OFFENSE COMPLETE IN BRIBERY When it is ____ the officer is being bribedReceiving 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
clearSlide19
OTHER BRIBERY STATUTESPC 85 Bribing legislaturePC 86 Asking for or receiving a bribe by a member of the legislaturePC 92 Giving or offering a bribe to a judge, juror, or referee, etc.
19Slide20
FALSIFICATION CRIMES PC 132. Offering Forged or Altered Document as Genuine
PC 132.5. Crime Witness Selling InformationPC 133. Fraud or False Statement to Witness to Affect TestimonyPC 134. Falsifying Documents to Be Used in EvidencePC 135. Destroying or Concealing Documentary Evidence
20Slide21
PC 182 – CONSPIRACY
If ____ or more persons conspire:To commit ___ crime21
two
anySlide22
A conspiracy requires:An _____actIn the “__________” of the conspiracy
ELEMENTS OF CONSPIRACY 22
overt
furtheranceSlide23
AGREEMENTS NECESSARY A conspirator need ___ be presentA 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
23
not
liable
premeditation
all