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Prosecuting Argument: State v. Stu Dents Essay Sample

Prosecuting Argument: State v. Stu Dents Pages
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In the case of State v. Stu Dents, the state of Maryland will be charging the defendant with homicide, assault of a police officer, kidnapping, burglary and the crimes related to drugs discovered by the detectives after the murder. The state will present evidence on what the detectives discover going through the suspects’ resident. Detectives discovered a journal that comprised of details about the victim leading up to her murder. Stu Dents journal also discussed rope, rags and a sharp hunting knife to satisfy his needs. Also amongst the defendant possession was jewelry worn by the victim. Three hundred or more pictures of Uma Opee were discovered in a locked room by detectives in the resident of Stu Dent stapled to the walls. The final link to charge Stu Dent in the murder of Uma Opee is the blue pill with the thumbs up emblem embedded on it that was discovered at both locations. Charge: Homicide

In the case of State v. Stu Dents, the charge of homicide was indicated due to finding the items and evidence that the detectives recovered after the murder. During an investigation of Stu Dents home, detectives recovered a journal with entries that date back six months prior to the murder of Uma Opee. Within the journal, the following entries mentioned rags, rope, and a hunting knife that would be utilized to accomplish the crime. Among the other items recovered from Mr. Dents home was Opee’s jewelry; specifically a ring that was identified by co-workers as an item that was worn by Opee on a daily basis. In the bedroom investigators discovered over three hundred photographs of Opee pinned to the wall. Investigators also discovered a pill identified as ecstasy at the apartment of Stu Dents, the same pill was revealed to have been obtained from the apartment of Uma Opee.

Charge: Homicide in Maryland
Homicide is specifically identified as murder in the state of Maryland. The crime of murder is further outlined in Statute §2–201. There are various degrees of murder with equally opposing levels of punishments. In the state of Maryland, “A murder is in the first degree if it is: (1) a deliberate, premeditated, and willful killing; (2) committed by lying in wait; (3) committed by poison; or (4) committed in the perpetration of or an attempt to perpetrate: (i) arson in the first degree; (ii) burning a barn, stable, tobacco house, warehouse, or other outbuilding that: A person who commits a murder in the first degree is guilty of a felony and on conviction shall be sentenced to: imprisonment for life without the possibility of parole; or imprisonment for life”. In order for a homicide to occur in the state of MD there must be certain elements present. In most cases there has to be a body, intent and willfulness. Homicide is defined as the willful killing of another person by waiting for the victim, felony murder or poisoning. (Maryland Fist-Degree Murder, 2015). There is also second degree murder which is defined as the same without the premeditation.

Charge: Assault on a Police Officer
In the case of the State vs Stu Dent he committed the crime of assault of a police officer by striking him in the face that is considered assault in all states. The “Maryland Criminal Defense Lawyers” (2015), Maryland law states the maximum time he could receive for assaulting an officer is 10 years. The state of Maryland assault is the attempt of touching someone without their consent and putting the person in a state of fear at the moment. Assault on a Police Officer in Maryland

An act of assault on a law enforcement officer, to include “physical injury” means any impairment of physical condition, excluding minor injuries, by “A person may not intentionally cause physical injury to another if the person knows or has reason to know that the other is: “a law enforcement officer engaged in the performance of the officer’s official duties; or a parole or probation agent engaged in the performance of the agent’s official duties”. Someone found guilty of violating this law is “guilty of the felony of assault in the second degree and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $5,000 or both.” Charge: Burglary

Within the case Stu Dent committed burglary by taking the jewelry from Uma Opee apartment after he allegedly killed her then moved the body. Burglary in Maryland

In the state of Maryland committing burglary means that the person entered someone’s residence without permission and takes something with him or her when they leave. Within Maryland there are different types of burglary laws. The “Burglary Laws” (2015) are identified as follows: “First-degree burglary is the most serious burglary charge and refers to breaking and entering the home of a person with the intent of stealing, which carries up to twenty years in prison On the charge of Second Degree burglary, the defendant “could face charges if accused of breaking and entering a store of another person with intent to commit theft, violence, or arson, or to steal”, which would carry a sentence of up to twenty years. The case of Third degree burglary occurs when someone is “accused of breaking and entering the residence of another person with the intent of committing any crime”. It is also a felony charge and carries up to 10 years in prison. The fourth and last “Degree of Burglary is the charge of when you are believed to have broken and entered a residence, garden, or yard of another person with the intent of committing a theft”. This is a misdemeanor offense and carries up to 3 years in prison.

Charge: Crimes Related to Drug Discovery
In the case of State vs. Stu Dents, when the detectives executed a search of Stu Dents residence they found cocaine, ecstasy, and methamphetamine. Further investigations by police lead to the identification of a similar color and size pill at Uma Opee’s apartment. The toxicology report of the defendant indicated no hint of illegal drugs at the time of arrest. The crime related to drug discovery is possessing illegal drugs in his residence. Charge of Crime Related to Drug Discovery in Maryland

The charge of drug possession in Maryland is governed by “Code Section Art. 27 §§276, et seq”. The possession of drugs is a “Misdemeanor with penalty of up to 4 yrs. and/or $25,000; Bringing 28 g. into state: felony with penalty of up to $50,000 and/or 25 yrs.; Subsequent offense: double penalties. The sale of drugs in Maryland is a “Felony with penalty of 20 yrs. and/or $25,000; Sale of more than 448 g. or 50 g. of crack: not less than 40 yrs.; Subsequent offense: double penalties; 2 yrs. mandatory, not less than 10 yr. sentence; Third offense: not less than 40 yrs. Sale to minors or near school property: stricter penalties”. In Maryland, certain types of drugs carry harsher penalties, for example marijuana charges will not carry the same punishment as crack cocaine or heroin. Marijuana is the most widely abused drug in the state of Maryland. Maryland is also a part of the High Intensity Drug Trafficking Area (HIDTA). Charge: Kidnapping

In the case of State v. Stu Dents, the defendant is suspected of kidnapping Uma Opee from her apartment, where there was evidence of a forced struggle. The action to support this charge is the body was discovered several miles from the victim’s home. The body of Opee was discovered near an abandoned building. The victim had been tied up with rope and stabbed thirteen times. Kidnapping in Maryland

The crime of kidnapping in Maryland is governed by state statute § 3-502. “A person may not, by force or fraud, carry or cause a person to be carried in or outside the State with the intent to have the person carried or concealed in or outside the State. A person who violates this section is guilty of the felony of kidnapping and on conviction is subject to imprisonment not exceeding 30 years. Kidnapping does not include the act of a parent in carrying a minor child of that parent in or outside the State”. According to the state of MD, a person commits kidnapping when he or she takes by force or fraud causing a person to be carried outside of MD. The elements are restraint of a person’s freedom, against the persons will and transporting the person to another place. Kidnapping is a felony in Maryland which could cause a person to be imprisoned for no more than 30 years (Maryland Kidnapping and Abduction Laws, 2014). Conclusion

In conclusion the prosecuting team took the case of State v. Stu Dents and placed the case as if he committed the crime in Maryland. Throughout the case we discussed the different offences and what type of time Stu could receive if convicted in Maryland. We started off discussing the elements of each crime and then the facts that established each element in Maryland. We covered the laws that were affected by the crimes. Based on the evidence presented, the prosecution team concluded that if Mr. Stu Dents committed the crimes and was not considered insane he would receive a minimum of at least 25years to life.

References

Burglary Laws. (2015). Retrieved from http://www.burglarylaws.com/ Maryland Criminal Defense Lawyers. (2015). Retrieved from http://www.maryland-defense-lawyer.com/assault/ Justia U.S. Law. (2010). Retrieved from http://law.justia.com/codes/maryland/2010/criminal-law/title-2/subtitle-2/2-201/ 2010 Maryland Code Criminal Law Title 3 – Other crimes against the person. Section 3-502 – Kidnapping. Retrieved from http://law.justia.com/codes/maryland/2010/criminal-law/title-3/subtitle-5/3-502 MD kidnapping and abduction laws. (2014). Retrieved from http://www.kidnapping.uslegal.com Maryland first-degree murder. (2015). Retrieved from http://www.ststelaws.findlaw.com 2010 Maryland Code Criminal Law Title 3- Other crimes against the person. Subtitle 2 – Assault, Reckless Endangerment, and Related Crimes. Section 3-203. Retrieved from http://law.justia.com/codes/maryland/2010/criminal-law/title-3/subtitle-2/3-203degree.

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