CJA 354 Week 5 Team Assignment Sentencing Proposal
CJA 354 Week 5 Team Assignment Sentencing Proposal
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Date Created: 11/06/15
Running head RULING ON STATE VS STU DENTS Ruling on State VS Stu Dents CJ A354 RULING ON STATE VS STU DENTS 2 Ruling on State vs Stu Dents Our team has come up with a proposal that is fitting for the crimes committed regarding the defendant Stu Dents The proposal contains two different sentencing arguments and includes the desired outcome for each We have included alternative sentences and intermediate sanctions to allow exibility in the case This was a tragic crime where the victim suffered tremendously The defendant should receive justice The victim Oma Upee was brutally attacked and stabbed 13 times Skin particles from the defendant were found under her fingernails indicating that he was in fact the attacker and responsible for Upee s murder Excerpts from the defendant s journal clearly show that he had planned out the attack and purchased rope rags and a sharp hunting knife to carry out the murder This evidence is overwhelming and indicates that the homicide was by Stu Dents Based on this evidence we want to charge the defendant with firstdegree murder Such a cold blooded and vicious attack should be charged with nothing less in our opinion We are seeking the death penalty in this case and hope that the court agrees We do not see any reason this man should be allowed to live among the members of society when he is such a threat to public safety Although Upee had a questionable past and perhaps even allowed the defendant to enter the home no one deserves the punishment that was evident in this case We see the death penalty as the most effective way to obtain justice under these circumstances Unfortunately we must explore the mental aspect of this case including the state of mind of the defendant He is clearly competent to stand trial and process thought made clear by the detailed planning of this murder and the careful execution that shows Stu Dents was aware of the RULING ON STATE VS STU DENTS 3 difference between right and wrong If Stu Dents was not capable of making this distinction he would have carried out the act in the victim s apartment as opposed to removing her body and delivering it behind an abandoned building However the evidence from the journal written by the defendant shows that perhaps he was limited in his mental thought process He spoke of these acts fulfilling his destiny and even screamed that the arresting officers were aliens He made statements about his belief that he was God Therefore we also recommend the alternative sentence of life in prison with psychiatric evaluation before serving his sentence We do not wish to offer a lessened sentence of manslaughter because the defendant could simply be using these tactics to avoid a harsher sentence We also do not wish to lessen the charge to second degree murder because it was not an act involving the heat of passion Dents clearly planned out and executed a brutal murder regardless of his thoughts behind why he was committing the act We are also charging the defendant with the crime of kidnapping We do not know at this time whether the victim was confined and transported before or after the commission of the crime However the victim was held against her will as shown by the use of the rag in her mouth and the ropes were tied around her arms and legs proves the crime of kidnapping was committed It is also proven because the victim was moved from the apartment to the back of an abandoned building Stains on the victim s carpet show that the attack at the very least began at the apartment and the body subsequently moved to the spot where her body was found This is overwhelming evidence that the victim was bound gagged and kidnapped by the defendant Stu Dents Finally the state charges Stu Dents with the assault of a police officer Upon arresting the defendant Mr Dents was extremely violent and combative He was extremely irrational and RULING ON STATE VS STU DENTS 4 was screaming about the end of the world and thought that aliens were working in the police force Unfortunately Officer Chur was a victim for this charge when Mr Dents punched him in the face during the arrest Several other officers had to subdue Mr Dents he continued to resist and yell that the officers were aliens and to let him go because he was God Mr Dents is clearly emotionally disturbed we cannot simply anyone to assault a police officer during a lawful arrest Therefore we are charging Mr Dents with the crime of assault on Officer Chur and will be requesting the maximum penalty Regarding the other two charges brought up originally in this case burglary crimes related to drugs the state wishes to drop these charges based on lack of evidence There is no way to prove that a burglary was committed because the defendant and the victim had a romantic relationship Any goods may have changed hands willfully and prior to the incident in question It is not clear if the defendant used a key to access the apartment that may have been given to him by the victim We also do not know if drugs were directly related to the crimes committed The victim and the defendant tested and showed no signs of drugs in his or her systems Drugs were found at the scene of the crime and in possession of the defendant Both the victim and the defendant showed a history of drug use there is no way clearly to indicate that drugs had anything to do with the crime These two charges are both inconclusive and insignificant to this particular case Based on California law the state requests the following sentences For the charge of firstdegree murder the state requests the death penalty because of aggravating and mitigating circumstances As an alternative sentence the state requests life in prison following a psychiatric evaluation and ongoing psychiatric treatment quotCalifornia39s Murder Lawquot nd For RULING ON STATE VS STU DENTS 5 the charge of kidnapping the state requests the eightyear sentence because of the aggravating circumstances California law also states that 85 of this sentence must be served before the convicted is eligible for release quotCalifornia Kidnapping Lawsquot nd For the charge of assault on a police officer the state requests a twoyear sentence quotBattery On A Peace Police Officer quot nd We beg the court to sentence the defendant consecutively to ensure that no other individuals are put through the torture and horrible circumstances that the victim Oma Upee had to go through Stu Dents clearly cannot regulate his own behavior and be a productive member of society Although these sentences will not bring back the victim they Will help as a deterrent for criminals Who may think about committing these vicious crimes Will help We hope the court Will consider all our points When rendering the sentence RULING ON STATE VS STU DENTS References 1 California Kidnapping Laws nd Retrieved from httpWWWshouselawcomkidnappinghtml 2 California39s Murder Law nd Retrieved from httpWWWshouselawcommurderhtm1 3 Battery on a Peace Police Officer nd Retrieved from httpWWWshouselawcombatterypohtm1
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