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 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 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 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.

To check the answer visit CJA 354 Week 2 DQ 2

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