What is the test for dissuading a witness or victim from testifying in a criminal case?
California, United States of America
The following excerpt is from People v. Velazquez, 133 Cal.Rptr.3d 684, 201 Cal.App.4th 219 (Cal. App. 2011):
section 136.1, subdivision (b)(2), the prosecution must establish that the defendant, with the specific intent to do so, dissuaded or attempted to dissuade a witness or victim from "[c]ausing a complaint, indictment, information, probation or parole violation to be sought and prosecuted, and assisting in the prosecution thereof." ( 136.1, subd. (b)(2) ; see also People v. Ford (1983) 145 Cal.App.3d 985, 989990, 193 Cal.Rptr. 684 [specific intent].)
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