CJA 354 Week 5 Sentencing Proposal (Learning Team Assignment)

Resource: University of Phoenix Material: Ruling on State v. Stu Dents

Write a 1,050- to 1,400-word proposal that includes two different sentencing arguments formulated by your team. Include the desired outcome of each punishment.

Include alternative and intermediate sanctions.

Include a 5- to 10-slide Microsoft® PowerPoint® presentation with your proposal.

Cite to at least two (2) academic resources.

Cite to your text and/or your electronic readings.

Format your paper and presentation consistent with APA guidelines.

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 flexibility in the case. This was a tragic crime where the victim suffered tremendously. The defendant should receive justice.

          The victim OmaUpee, 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 first-degree 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 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.

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CJA 354 Week 5 Victims and Crime Evaluation (Individual Assignment)

Write a 1,050- to 1,400-word paper that describes roles and functions of individuals in the criminal justice system and how victimization affects each role.

Evaluate the roles of prosecutor, defense attorney, criminal, and victim.

Summarize how victimization affects each role.

Answer the following questions:

• What are the goals of sentencing associated with each role?

• What are the goals of alternative sanctions?

• What recommendations do you have regarding victims’ rights?

Cite to at least two (2) academic resources.

Cite to your text and/or your electronic readings.

Format your paper consistent with APA guidelines.

Victims and Crime Evaluation

          Victims of crimes often suffer from various aspects of the criminal acts that were committed against them. The criminal justice system can also contribute to victimization against victims. Lippman (2010) noted, victims also suffer post crime or secondary victimization. This includes but it not limited to loss of wages, medical expenses, property loss, disability and/or the need to relocate due to safety issues and/or inhabitable living quarters after the crime (Lippman, 2010). Over the year’s inauguration of victim’s rights and victim’s assistance, victims can often relive the horrible experiences that they went through by either having to testify in court or something as simple as nightmares. This is commonly known as pain and suffering.

          In the adversarial criminal justice system, the prosecution develops a case against the defendant by usually working with the local district attorneys office. The evidence presented in a case inevitably involves the victim through law enforcement investigations, the identification of the defendant, medical examinations and victim reports. Both the prosecution and the defense have certain obligations to the victim.

          Each party within the criminal justice system can contribute to victimization. The defense has the responsibility to prove that their client was innocence and did not commit the crime. This can portray that the victim is making up stories and not tell the truth. The prosecution has a responsibility to prove beyond a reasonable doubt that all evidence points towards the defendant. During this process the victim may have to testify or sit in the court room and listen to everything that is being presented in court by both sides. The Judge has the responsibility to make sure that the defendant is receiving a fair trial.

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CJA 354 Week 4 Sentencing Proposal (Learning Team Assignment)

Begin preparing Sentencing Proposal assignment, due in Week Five.

Discuss sentencing arguments with your Learning Team, including desired outcomes and intermediate sanctions to propose.

Submit a 350-word summary that includes an overview of your team’s discussion and the research you have conducted.

Cite to at least two (2) academic resources.

Cite to your text and/or your electronic readings.

Sentencing Proposal

          After analyzing the case of Stu Dents as a team we have all agreed that Stu Dents is competent to stand trial because after reviewing the scenario and the evidence that was given this seemed to be his exact plan from the start. With the pictures that he had in his home it was a sign that he was watching her every move and this is how his plan begun. Even though that in the victim’s home drugs were found there was no sign of drugs in her system nor did Stu Dents when he was arrested. By how Stu Dents was acting his plan seemed to be exactly what he did as it was not only him killing this victim but also kidnapping her and taking her against her own will.

          Stu Dents had pictures of the victim all over his home and that with his drug exams coming out negative he was not under that influence when he committed the murder. The situation that Stu Dents put himself in and after all the crimes he committed his sentencing should be voluntary manslaughter because even though he was not under any influence of drugs when he was arrested by how he was acting you could see that he did have a mental illness. Even though a mental illness cannot justify the murder of any individual but it helps understand better why he committed such crimes. A manslaughter sentencing only is implied where a death of another individual has occurred.

          This will only be part of his sentences to make sure that he is off the streets as soon as possible but other charges his case could witness can be kidnapping, and mayhem charges on top of what he already has. Under Michigan law Stu Dents can be sentenced to about 20 years of prison this is excluding the mayhem and kidnapping charges.

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CJA 354 Week 4 Discussion Questions

Discussion Question 1.

Public order crimes, public-order offenses, or crimes against the public order, include offenses such as fighting, breach of peace, disorderly conduct, vagrancy, loitering, unlawful assembly, public intoxication, obstructing public passage, and (illegally) carrying weapons.

Please respond to the following questions:

• How do public order crimes differ from other types of crime, as defined by the criminal justice system?

• How can we improve the ways in which the criminal justice system helps to decrease the number of public order crimes?

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Discussion Discussion 2.

Morals offenses denote a category of unlawful conduct that was criminalized originally to protect the family and related social institutions. This category includes lewdness, indecency, sodomy, and other sex-related offenses, such as seduction, fornication, adultery, bigamy, pornography, obscenity, cohabitation, and prostitution (Schmalleger, Hall, & Dolatowski, 2010).

Respond to the following question:

Define lewdness and explain how the criminal justice system can more effectively combat prostitution, obscenity, and lewdness?

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Discussion Question 3.

According to Schmalleger, Hall, and Dolatowski (2010), another class of social-order offense consists of crimes against the administration of government. Offenses in this category include treason, misprision of treason, rebellion, criminal syndicalism, espionage, sedition, perjury, subornation of perjury, criminal contempt, obstruction of justice, resisting arrest, escape, misconduct in office, and bribery.

Respond to the following:

How do crimes against government affect the administration of justice?

What distinctions can be made about crimes against administration or government and the concern of domestic terrorism?

What is the relationship between federal and state anti-drug legislation and asset forfeiture?

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CJA 354 Week 3 Prosecuting Argument (Learning Team Assignment)

Resource: University of Phoenix Material: State v. Stu Dents Discuss the case as if you are part of the prosecuting team in State v. Stu Dents to develop your argument.

Write a 700- to 1,050-word paper that details the team’s argument.

List the elements of each crime and facts that establish each element.

Provide a specific law for each charge.

List the state where the law is effective. Each team member’s state needs to be represented.

Include the state where your case would be the strongest.

Cite to at least two (2) academic resources.

Cite to your text and/or your electronic readings.

Format your paper consistent with APA guidelines.

Homicide

          In the case of State v. Stu Dents, the charge of homicide was given because of the items and evidence that the detectives recovered after the murder. Upon a search of Stu Dents home, detectives found a journal that included entries that were started six months prior to the murder up until the day before the murder. In this journal Stu Dents discussed rope, rags and a sharp hunting knife to fulfill his destiny. While in Stu Dents home the detectives also found jewelry that belonged to the victim, one piece being a ring that Uma Opee wore on a everyday basis. In a locked room the detectives also found a room full of three hundred or more pictures of Uma Opee stapled all over the walls. One last item that linked Stu Dents to the crime was an ecstasy pill that was found at Uma Opee’s residence and then the same blue tablet with a thumbs up print was also found at the residence of Stu Dents.

Homicide in the State of South Carolina

          In South Carolina Code of Laws Section 16-3-5 defines homicide as “A person who causes bodily injury which results in the death of the victim is not criminally responsible for the victim's death and must not be prosecuted for a homicide offense if at least three years intervene between the injury and the death of the victim.”

SECTION 16-3-10. "Murder" defined.

          "Murder" is the killing of any person with malice aforethought, either express or implied. A person who is convicted of murder or pleads guilty to murder in most states is sentenced to death, imprisonment for life, or by a minimum term of imprisonment for 30 years. When indicting someone for murder the following applies:

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CJA 354 Week 3 Personal Crimes Analysis (Individual Assignment)

For this assignment, you will choose from the following options:

• Option 1: Personal Crimes Analysis Presentation

• Option 2: Personal Crimes Analysis Matrix

• Option 3: Personal Crimes Analysis Posterboard

Read the instructions in the University of Phoenix Material: Personal Crimes Analysis located on the student website.

Select one of the following options to complete the assignment.

Cite to at least two (2) academic resources.

Cite to your text and/or your electronic readings.

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CJA 354 Week 3 Discussion Questions

Discussion Question 1.

According to Lipmann (2010), white collar crimes are “committed by an individual of high status in the course of his or her occupation” . He states further the “U.S. Justice Department defines white-collar crime as an illegal act that employs deceit and concealment rather than the application of force to obtain money, property, or service, to avoid the payment or loss of money, or to secure a business or professional advantage” (Contemporary Criminal Law. Concepts, Cases, and Controversies, 2nd ed.). Please respond to the following: 

(1) Explain why Money Laundering is considered a white collar crime.

(2) Should white collar crimes be more severely punished than blue collar crimes?

(3) Should there be a distinction between white collar and blue collar crimes?

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Discussion Question 2.

Statutory rape is defined as a strict liability offense of intercourse with an underage individual. A strict liability offense is a crime that does not require a criminal intent.

Based on the definition of statutory rape, respond to the following questions:

What distinctions can be made between rape and statutory rape? Should the distinctions exist? Explain your response.

Why have many states changed the offense of statutory rape to criminal sexual conduct?

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Discussion Question 3.

• What is the definition of homicide?

• What distinctions can be made about different types of homicide?

• Compare and contrast the criteria for the types and how they affect the criminal justice system.

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CJA 354 Week 2 Insanity Defense Paper (Learning Team Assignment)

Resource: University of Phoenix Material: State v. Stu Dents Discuss the case as if your team was part of the defense team in State v. Stu Dents and the defendant wants to plead insanity.

Write a 700- to 1,050-word paper in which you answer the following questions as a team:

• Does your team believe the defendant is competent to stand trial? Why or why not?

• What is required in your state for an insanity defense?

• What steps must be taken to prove insanity?

Insanity Defense Paper

          On the night of October 18th, Uma Opee was stabbed thirteen times and bled to death at approximately 11:45p.m. Cuts and bruises were found on her body and skin particles were found under her fingernails suggesting that a struggle had occurred prior to her death. Stu Dents is being accused of this brutal attack ending in murder stemming from two eyewitnesses that saw the defendant walk into the victim’s apartment on the afternoon of the murder. (State v. Stu Dents, UOP material, 2012)

          Police searched the defendant’s home to find jewelry owned by the victim including a ring that was worn by Opee on a daily basis. Over 300 photos of the victim were found stapled onto the defendant’s wall, some of which were apparently taken without her knowledge. In addition, love letters to Opee and a journal were found in the defendant’s apartment. The journal had Dents’ name inside the front cover and detailed events from meetings with the victim from the day they met, six months prior to the incident, up to the night before the fatal stabbing. Finally, various drugs were found in the defendant’s home, including ecstasy pills with a “thumbs up” imprint which matched an ecstasy pill that was found at the victim’s home on the day her body was found. (State v. Stu Dents, UOP material, 2012)

          We believe that the defendant, Stu Dents, is completely competent to stand trial. Not only do we feel that Dents is responsible for the murder, we plan to prove that he was well aware that his actions were morally wrong, illegal, and understood the consequences that went along with his actions. We do not feel that the voluntary use of drugs has any impact on the state of mind of the defendant and we do not necessarily know that Dents had even used any drugs on the night of the stabbing.

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CJA 354 Week 2 Criminal Defense Case Analysis (Individual Assignment)

Locate two cases that discuss various types of criminal defenses.

Write a 700- to 1,050-word case analysis in which you identify and examine the types of criminal defenses used in each case that include the following: 

• Explanation of the nature and types of defenses used in each case and what evidence was used to support each defense. 

• Description of how justification and excuse play a role in each case.

Criminal Defense Case Analysis

           Our criminal justice system here in the United States operates on the perception that each person accused of a crime is innocent until proven guilty by a jury of his or her peers. The criminal justice system does take into consideration a person’s state of mind when they originally committed the crime that they are accused of committing. The criminal justice system refers to a person’s state of mind as the term “mens rea,” This is a Latin term which has been incorporated into the justice system of the United States. Mens rea plays a delicate part in criminal defense cases, mainly when the accused is mentally ill.

         “The history of the insanity defense in modern times comes from the 1843 case of Daniel M'Naghten, who tried to assassinate the prime minister of Britain and was found not guilty because he was insane at the time. The public outrage after his acquittal prompted the creation of a strict definition of legal insanity which is known as the M'Naghten Rule” (Montaldo, p.1, 2010).

          The insanity defense has been used for years and over a period of time has had many changes made to the format many times. The insanity defense came after the M’Naghten rule. After a while the insanity defense followed the Durham standard before eventually becoming a standard for following the Moral Penal Code. “The Model Penal Code, published by the American Law Institute, provided a standard for legal insanity that was a compromise between the strict M'Naghten Rule and the lenient Durham ruling. Under the MPC standard, a defendant is not responsible for criminal conduct "if at the time of such conduct as a result of mental disease or defect he lacks substantial capacity either to appreciate the criminality of his conduct or to conform his conduct to the requirements of the law” (Montaldo, p.1, 2010).

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CJA 354 Week 2 Discussion Questions

Discussion Question 1

1. Research the Andrea Yates case, in which a mother suffering from postpartum depression (PPD) killed her five children. 

• Do you feel that PPD should be a defense to murder or manslaughter? Explain. 

• Do you think Ms. Yates received a fair sentence? Explain. 

2. Research the prosecution of Jared Loughner for the shooting of Representative Gabrielle Gifford’s of Arizona. 

• How does competency to stand trial play into this case? Explain your answer. 

• Do you think Loughner is competent? Explain your answer. 

For more info visit CJA 354 Week 2 DQ 1

Discussion Question 2

According to Schmalleger, Hall, and Dolatowski (2010), a syndrome is “a complex of signs and symptoms presenting a clinical picture of a disease or disorder”. They also define a syndrome-based defense as a “defense predicated on, or substantially enhanced by, the acceptability of syndrome-related claims”. Use the foregoing definitions to respond to 

• Review the concept of syndrome-based defense enhancements; 

• Discuss whether a syndrome should be considered an excuse, a justification, or an explanation; and 

• Discuss whether syndromes can best be seen as (1) potentially negating mens rea, (2) widening traditional defenses, or (3) a way of justifying behavior classes or groups of people.

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CJA 354 Week 1 Criminal Law Paper (Individual Assignment)

Locate a recent criminal Supreme Court case you find interesting. Provide a brief summary and properly cite the case.

Write a 700- to 1,400-word paper in which you answer the following questions:

• What interested you about this case?
• What are the sources, purposes, and jurisdictions of the criminal law related to this case?
• What is accomplice liability and criminal liability? How does it relate to the case?

What is the difference between the various elements of crime, including actus reus, mens rea, and concurrence? How do they relate to the case?

A recent Supreme Court Case that was decided was ARIZONA et al. v. UNITED STATES. This case was argued on April, 25, 2012 and a decision was made on June 25, 2012. This case came about in 2010 when the state of Arizona enacted a statute known as S.B. 1070. This statute addresses the large number of illegal aliens that are in the state of Arizona. “Fed up with illegal immigrants crossing from Mexico -- and what they say is the federal government's inability to stop it -- legislators in Arizona passed the tough immigration law in 2010. The federal government sued, saying that Arizona overreached.”

I have been interested in this case since hearing about it. The first thing that actually came to my mind was racial profiling. I understand that the United States has a huge problem on their hands attempting to control this problem. It was interesting to me to see a state attempt to make a state law that would supersede federal law. As a police officer myself, I can see this becoming a racial profiling issue. Without certain guidelines in place, this would lead to many unanswered questions. The state that I reside in is Georgia. Georgia also has a high population of immigrants, so I am curious as to how this will turnout in the end and affect other states. 

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CJA 354 Week 1 Discussion Questions

Discussion Question 1
To learn more about civil law and criminal law characteristics, you will do the following:
• Prepare a table or chart with two columns.
• Label one column civil law and the other, criminal law.
• Complete the chart with appropriate comparison of the differences between civil and criminal law. You may include similarities, too.
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Discussion Question 2
Define criminal liability. Does it work? Explain. How does criminal liability affect the criminal justice system?
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Discussion Question 3
What is the relationship between “fair” and “law”? Does one influence the other? Does public opinion play a role in how the courts (especially the Supreme Court of the U.S.) interpret the law? Does this information help you predict how the law may or may not change?
To find the answer click CJA 354 Week 1 DQ 3