Saturday 29 March 2014

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.

To download the complete paper click CJA 354 Week 5 Sentencing Proposal

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