...Stu Dent v. State Sentencing Proposal The sentencing stage is the last part of the criminal trial. In the Stu Dent v. State case the outcome of the sentencing can very from charge to charge. The prosecution and Defense attorneys have rested their cases and the decision has been made in this case. The judge now take the arguments in to consideration and pass down a judgment on the sentence the defendant will face. The defendant is charged with Homicide, kidnapping, burglary, assault of a police officer, and possession of drugs. The facts that lead to homicide are Uma Opee was stabbed 13 times and the skin particles under the victim’s nails matched the DNA to Stu Dents. The facts leading to the assault on a police officer comes when he punched Officer T. Chur in the face and yelled "Alien". Kidnapping comes from the fact that Mr. Dents used rope to tie the victim and he stuffed her mouth with cloth. Burglary charges are result of Mr. Dents entering the victim’s apartment without permission to be there and having the intent to commit a crime within that residence. Mr. Dents is also charged with possession of drugs because in his house was drugs that were found, the same drug ecstasy with the "thumbs-up" imprint found at the victim's apartment. In the State v. Stu Dent case the charge of Homicide carries the most weight of any of the charges. Mr. Dents is charged with Murder due the fact that the victim was stabbed 13 times and evidence supported the fact that Mr. Dent was...
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...A team of students will study a case against Stu Dents and the murder of Uma Opee. Stu Dent was accused of murdering Uma Opee, whom he had a relationship with. His DNA was found at the scene of the crime under the victims figure nails. The victim’s body was found tire with rope, stabbed 13 times, and multiple bruises. On October 19th, Uma Opee’s body was found in a vacant building approximately five miles from her home. The day prior she had worked her shift at a local music store and after work walked to her home. The defendant in this case also reseated arrest and assault a police officer. In the case of State of North Carolina v. Stu Dents, the jury found the defendant Stu Dents guilty of the following crime: homicide, assault of a police officer, kidnapping, and crimes related to drugs. A proposal was developed to analyze how the charges against Stu Dent would be implemented along with sentencing and opposing arguments. A recap of charges, verdict, violations, and possible sentencing outcomes in the case will be analyzed according to North Carolina law. The defense and prosecution will provide opposing arguments in accordance with North Carolina to request concurrent sentencing. It will be vital for this team of students analyzing this case to provide closing arguments to support their recommendations and the laws under North Carolina to determine whether or not Stu Dents has enough to escape the charges against him. Charges and Verdict North Carolina Violations...
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...Prosecuting Argument Paper In the case of Stu Dents we have collectively decided that he is competent enough to stand trial for the murder of his girlfriend. Every state is different especially when it comes to the insanity defense, and there are many different standards for that rule as well. Knowing what is and what is not insanity and how it could be used in the courtroom when on trial is important as well. In this case, he is competent enough to stand trial and is not insane. In the state of Michigan Stu Dents would be getting the charge of first degree murder since he had committed murder but also the charge of kidnapping and robbery as well. In this case Stu Dents is not mentally incapable and is more than willing to stand trial for the actions that he committed that night. Although he was talking about aliens when he hit the officer does not mean that he is mentally incapable as he was probably just trying to save himself from being charged with a long sentence. It is very clear that Mr. Dents had committed the murder especially since many of her items were found at his home along with many different drugs. Even though there was no sign of forced entry there is still enough evidence to place him at the scene of the crime with the diary with him talking about things to buy and also having her belongings in his possession at his house as well. Here in Florida Mr. Dents would have been charged with First degree murder- due to the act being premeditated- the prosecution...
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...and how we look like or healthy or not anyone is entitles of due process. The idea that our justice and court system are fair to anyone on trial due to an arrest by probable cause and sentencing by a verdict guilty and not guilty of the jury. In the case or State v. Stu Dents, where the defendant was accused of killing his former girlfriend. We are going to elaborate how the charge of insanity can be plead in the defense case and in the other hand give some understanding how this plead play a role in the defendant case during the trial and after the trial in some states and particular California. Does your team feel this defendant is competent to stand trial? Why or why not? We believe that the defendant may not be competent to stand trial, due to the fact that he had has emotionally and mental issues. The defendant has no knowledge of the crime or its consequences, if put on the stand he may revert back to that emotional state of mind and will not be able to give and accurate statement and will not be able to understand charges and sentencing. What is required in your state for an insanity defense? First of all, let’s understand the issue here, Mr. Dents was arrested of the killing his former girlfriend Uma Opee. Mr. Dents was charge by the state on theses: Homicide, Assault of a police, officer, Burglary and crimes related to drugs. After all these charges, the defendant pleads not guilty due to reason of insanity. In California, insanity can be called as an affirmative...
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...prison with the possibility of parole after serving half of the sentence. Negligent homicide should carry a sentence of a fine of $10,000 and up to 20 years in prison. Last, Vehicular homicide should carry a fine of $10,000 and up to 10 years in prison. Kidnapping laws and punishment differ all across the United States of America. Some states carry very harsh punishments such as life in prison depending on the circumstances surrounding the kidnapping. Depending on the elements of the crime in this case Mr. Dents can be charged with either simple kidnapping or aggravated kidnapping. In the case State v. Stu Dents, Mr. Dents restrained the victim Uma Opee , her legs and arms were bound with rope also stuffing her mouth with a cloth he stabbed the victim 13 times, and evidence shows that a struggle took place in her apartment prior to her being removed. The victim was forcibly restrained and moved from her home without consent, the acts of Mr. Dents were very selfish and in this case he should receive the maximum punishment allowed. The defendant was charged with burglary but evidence did not show signs of forced entry. The defendant may have possibly used a key to enter the apartment. Therefore after reviewing the evidence regarding burglary the defendant should...
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...Argument Paper Team C: CJA/354 August 26, 2013 Prosecuting Argument Paper Enough evidence was obtained to make the arrest of Mr. Dents. The state has now charged Stu Dents with the following: Homicide, assault of a police officer, kidnapping, burglary, and crimes related to drugs. Homicide is “The killing of one human being by the act, procurement, or omission of another human being” (Schmalleger, 2010). Murder is a type of homicide. Below is the Georgia state law on murder. Murder; felony murder: A person commits the offense of murder when he unlawfully and with malice aforethought, either express or implied, causes the death of another human being. Express malice is that deliberate intention unlawfully to take the life of another human being which is manifested by external circumstances capable of proof. Malice shall be implied where no considerable provocation appears and where all the circumstances of the killing show an abandoned and malignant heart. A person convicted of the offense of murder shall be punished by death, by imprisonment for life without parole, or by imprisonment for life ("Georgia Code", 2013). On October 18th, two eyewitnesses said the defendant Stu Dents entered into apartment number 156, which was the victim’s apartment. Uma Opee’s body was found October 19th; it was located behind an abandoned building, which is approximately 5 miles from her residence. The victim’s...
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...deplorable crime. The overwhelming evidence against the man who took her life Stu Dents leads to just one ultimate conclusion, he should be punished to the full extent of the law without prejudice. In the case of Stu Dents v. The State of Texas we find the defendant guilty of kidnapping, and assault on a police officer in first degree. We find the defendant guilty of first degree kidnapping under the Texas penal code s.1232 with the imprisonment of a life sentence following the other criminal acts that occurred subsequently to this incident (Texas Kidnapping/Abduction Laws, 2010-2014). In the state of Texas, assaulting an officer is considered aggravated assault. This is a first degree offense in the state of Texas, and we sentence the defendant to an additional five years in prison (Assault & Battery Laws, n.d). The defendant, “intentionally commit[ed] the murder in the course of committing or attempting to commit kidnapping, burglary, robbery, aggravated sexual assault…” (Texas Criminal Homicide Law (1994) Therefore, we charge him with capital murder which has a sentence of the death penalty. As there is no total of weight for the drugs, we suggest the minimum punishment for possession of drugs which is, “Confinement in jail for a term of not more than 180 days, a fine not to exceed $2,000 or both” (SMU. (n.d)). This case, aside from the mental health aspect, is a very easy one to conclude. Mr. Dents is not an offender who committed a crime, he committed multiple crimes. It...
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...June 1, 2015 David Harper Insanity Defense Paper Mr. Stu Dents is charged with the murder of his girlfriend and a legal team has been chosen to represent him. At the time of his arrest, Mr. Dents was witnessed by police yelling such things as “Alien” and “I am God, let me go! I am God!” Now facing not only homicide but several other criminal charges such as burglary, assault on police, and kidnapping, Mr. Dents has made the choice to plead insanity. However, the question remains as to whether or not there is enough for an insanity defense. Should Mr. Dents stand trial? What are the state requirements for an insanity defense? What steps must be taken to prove insanity? Trial Mr. Dents’ defense team needs to decide if he should stand trial or not. Based on his arrest information a reasonable person would believe Mr. Dents to suffer from some sort of mental illness. However, when deciding if a defendant should stand trial or not the decision is not based on their mindset during the crime or the arrest. The decision is based on the mental state of the defendant at the start of trial. According to Criminal Law Today, “a person is competent to stand trial if he or she, at the time of trial, has sufficient present ability to consult with his or her lawyer with a reasonable degree of understanding and a rational as well as factual understanding of the proceedings” (Schmalleger, Hall, & Dolatowski, 2014). Mr. Dents has already consulted with his defense team and had the mental...
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...Assignment Rashad Murray, Shannon Oregero, Barbara Mckinney, Scott Huepenbecker CJA/354 August 17, 2014 Ann Perry In the case presented before you we are the prosecuting team and are pursuing charges on behalf of the state of South Carolina for the following offenses: Homicide, Kidnapping, Assault on law enforcement, Burglary, possession of controlled substance. We the prosecuting team feels strongly about these charges based on all of the evidence in which was collected from the victim’s residence as well as the defendant’s residence. We will provide you with the information from a variety of different states to show the variance of charges that can be brought upon an offender. There are four states represented here whereby are found, South Carolina, Minnesota, Texas, and Maine. Each state provides a different perspective, but the most effective in our opinion is South Carolina. Laws for each Charge Homicide Homicide is considered, “The killing of one human being by the act, procurement, or omission of another human being” (Schmalleger, Hall, & Dolatowski, 2010, pg. 192). The victim was last seen at 5:10pm when leaving work. She was found at 7:45 the following morning with 13 stab wounds causing her death at about 11:45 on October 18th. DNA of the suspect was found under her fingernails, indicating that she struggled with Mr. Dents. Mr. Dents was seen by two witnesses going into her apartment before she arrived home, with traces of the victims’ blood found on her floor...
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...Sentencing Proposal Criminal Law CJA 354 August 16, 2012 Sentencing Proposal State of Arizona v. Stu Dents Defense proposal Our client, Stu Dents, is thirty-nine years of age. He served in the United States Army during Operation Desert Storm and was, until 2008, a member of the National Guard, where he was honorably discharged. Until recently he was a hard working and reliable individual. He has had no significant previous criminal history and held a full-time job, until approximately six months before the unfortunate death of the victim. The defendant came home from Desert Storm with many issues, not the least of which was a drug habit, which he successfully stopped taking for a long period of time. He lived with his elderly aunt for the past several years, helping her financially as well as being a companion to her until moving into his own apartment after she was admitted to a nursing facility, about fourteen months before the downward spiral of his mental health and the death of the victim. Approximately 8 months before the tragic death of Ms. Opee, the defendant began doing ecstasy with the victim. They were both caught with a small amount of drugs on them at one point and both were convicted of a minor drug charge. As part of a plea deal Ms. Opee was sentenced to a mandatory rehab treatment facility. His parents have suffered through the pain of watching their only son go from being a loving, vibrant, and energetic young man to the individual now...
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...Faculty and students will be held responsible for understanding and adhering to all policies contained within the following two documents: • University policies: You must be logged into the student website to view this document. • Instructor policies: This document is posted in the Course Materials forum. University policies are subject to change. Be sure to read the policies at the beginning of each class. Policies may be slightly different depending on the modality in which you attend class. If you have recently changed modalities, read the policies governing your current class modality. Course Materials Champion, D. J. (2009). Leading U.S. Supreme Court cases in criminal justice: Briefs and key terms. Upper Saddle River, NJ: Pearson Education. Lippman, M. (2010). Contemporary criminal law: Concepts, cases, and controversies. (2nd ed.) Thousand Oaks, CA: Sage Publications. Schmalleger, F., Hall, D. E., & Dolatowski, J.J. (2010). Criminal law today. (4th ed.) Upper Saddle River, NJ: Prentice Hall. All electronic materials are available on the student website. Week One: Criminal Law,...
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...have advanced significantly – enough for The Economist to recently state that innovation management is no longer an art but is ‘becoming a practical science’. 3 So, to get ahead, managers need to quickly develop the range of skills they need to be able to manage innovation effectively. This book was written to meet the needs of both managers and MBA stu- dents. It presents an integrated view of the skills, tools and techniques needed to successfully develop and implement an innovation strategy. The choice of tools and techniques which are presented was based not only on an extensive review of the literature but also on the authors’ own experience in industry, teaching, research and consultancy. The book is relevant to organizations in the service, manufacturing and not-for-profit sectors and it gives many company examples. Managing innovation is complex and so there are no ‘quick fixes’, ‘no univer- sal solutions’. 4 The challenges of managing innovation are also compounded by the fact that many ideas that are effective in one organization cannot be easily transferred; it is not simply a case of adopting best practice, managers need to adapt ideas to the specific situation their company faces. This book describes the...
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...Abstract—e-Learning, of late, has been witnessing an un- precedented expansion as an opportunity for higher educa- tion. This expanding alternative mode calls for ensuring and imparting a sound and qualitative education. So the present case study made an attempt to discuss key aspects of a quality management model for eLearning currently operat- ing at the University of KKU and illustrates the issues related to the quality dimensions of e-learning. Some of these dimensions are: learning process, administrative processes, teaching materials, resources and SWOT (Strengths, Weakness, Opportunities, Threats) analysis etc. This study reiterates the relevance of imparting qualitative education through e-learning for quality improvement in ways that...
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...PAMANTASAN NG LUNGSOD NG MUNTINLUPA College of Teacher Education Chapter 1 THE PROBLEM AND ITS BACKGROUND Introduction Every educator’s goal is to provide a learning environment that enables the students to perform their best and to attain a high grades. But in many schools, students find difficulties and obstacles to their studies, the school building itself. Some facilities have inadequate ventilation, inefficient heating and cooling systems and other can create conditions that impairs their ability to learn. Students become uncomfortable of what they are doing, the learning environment is very important factor in attaining a good academic performance. Motivated students and teachers can overcome deficient school facilities, but few would dispute the assentation that learning occurs more easily for more students, in a well-designed, well-functioning building, .Learning environment plays a very important role in teaching and learning process in such a way, that in this place, teaching and learning process occurs .Every learner is aware that they need a peaceful, quiet and clean environment so that their concentration in studying are focused only for studying alone. Students become irritated when their learning environment is untidy and noisy. More educators, architects and community workers are working to see that students and teachers have facilities to achieve their high performance. High performance schools are having facilities that enhance the...
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...situations. If national security is at stake, the government may take action and repeal the right. “The Supreme Court has identified several kinds of expression that the government may regulate to varying degrees without running afoul of the Constitution, including the following: speech that incites illegal or subversive activity; fighting words; symbolic speech; commercial speech; stu-dent speech; and obscenity and pornography.” (N.A., 2014) An Example of a Supreme Court case that violated the 1st amendment of free speech is Schenck v. United States. The Court decided against Schenck because he posed a threat to the United States by sending draftees leaflets or saying to not draft. His actions were in violation of the free speech clause. Congress passed a law in 1798 called the Alien and Sedition Acts. The Act stated “By punishing any “false, scandalous, and malicious” commentary against the national government”. (Ivers, 2013) This law was never reinstated when it expired and was highly unpopular. The Act was seen unconstitutional because congress abridged freedom of speech. There have been many court cases that involved free speech, many made state laws unconstitutional and some people were charged with violating free speech. Even to this day, Americans express themselves through free speech every day. Raising a U.S. Flag, wearing a shirt with sayings, protesting shootings, and police brutality are examples of free speech happening today. Free speech can be said to have started...
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