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 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 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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