Prosecuting Argument Essay

Custom Student Mr. Teacher ENG 1001-04 8 September 2016

Prosecuting Argument

On a mid-afternoon day in October of 2013, the defendant, Stu Dents, left his apartment and drove to the victim’s apartment. There were two eyewitnesses that saw the defendant walk into the apartment building to his girlfriend’s (victims) apartment, and enter. It is unclear on how the defendant entered the apartment because there were no signs of forced entry. The victim was not home at the time. Her co-workers say they last saw her when she left work that evening. The body of the victim was found the next morning behind an abandoned building, five miles from her home. The victim was found with cloth stuffed in her mouth, her arms and legs tied with rope, and she had been stabbed to death. The coroner determined that she was stabbed 13 times and bled to death. Cuts and bruises were found on her body as well as skin particles under her fingernails. This signified a struggle had occurred prior to her death. When DNA tests were conducted, the DNA under the victim’s fingernails matched the DNA of the defendant. When the defendant’s home was searched, the police found drugs, along with jewelry owned by the victim. In a locked room in the defendant’s house, police found a wall covered with photographs of the victim.

These photographs were mostly taken without her knowledge. The police found love letters, along with a journal that was started six months prior to the death of the victim. The journal had detailed events from the first time the defendant and the victim met, up to the night before the murder. The journal entries discussed purchasing the items used to kidnap and murder the victim. He referenced aliens, God, and the end of the world in his journal as well. There was enough evidence to arrest Mr. Dents on the evening of the 21st of October. When he was taken away by the police, the defendant began screaming about the end of the world and aliens working on the police force. He was very agitated, irrational, and combative. When an officer tried to handcuff him, the defendant punched the officer in the face and yelled, “Alien!” The state is charging Stu Dents with homicide, assault of a police officer, kidnapping, burglary, and crimes related to drugs.

For the charge of Homicide against the defendant Stu Dent, the state of Minnesota would charge Stu Dent with murder in the first degree. 609.185, MURDER IN THE FIRST DEGREE. (a) Whoever does any of the following is guilty of murder in the first degree and shall be sentenced to imprisonment for life: (1) causes the death of a human being with premeditation and with intent to effect the death of the person or of another; (2) causes the death of a human being while committing or attempting to commit criminal sexual conduct in the first or second degree with force or violence, either upon or affecting the person or another; (3) causes the death of a human being with intent to effect the death of the person or another, while committing or attempting to commit burglary, aggravated robbery, kidnapping, arson in the first or second degree, a drive-by shooting, tampering with a witness in the first degree, escape from custody, or any felony violation of chapter 152 involving the unlawful sale of a controlled substance.

In the charge of assault of a police officer in the state of Arkansas, Stu Dents will be charged with aggravated assault upon a certified law enforcement officer or an employee of a correctional facility. Stu Dents will be charged under A.C.A. § 5-13-211. a)When an individual commits an aggravated assault upon a certified law enforcement officer or an employee of a correctional facility. This individual will be charged if, under circumstance manifesting significant indifference to the person(s) personal hygiene of the certified law enforcement officer or the employee with the correctional facility.

This is when the individual intentionally takes part in conduct that has or will create potential danger of infection to the certified law enforcement officer or the employee of any state or local correctional facility while the certified officer or employee is in the course of his or her employment by causing the person whom the actor is well aware that he or she is a certified officer or employee to come into contact with blood, feces, urine, saliva, seminal fluid, or any other bodily fluid through purposely throwing, expelling, tossing, or in any other way transferring the fluids or material (“A.c.a. § 5-13-211”, 2015). b) Aggravated assault upon an employee of a correctional facility either sate or local or a certified law enforcement officers is a Class D felony (“A.c.a. § 5-13-211”, 2015). Stu Dents is charged with a Class D felony for aggravated assault upon a law enforcement officer because he became combative and struck the police officer in the face with a closed fist while screaming “Alien.”

KIDNAPPING

The defendant wrongfully trespassed onto the victim’s property. He went into the victim’s apartment when she was not at home. He may not have gone in thinking that he was going to take something from her home, but he did. He took from her home, her personal jewelry. He had no intentions of giving back what he had taken, and the victim did not give the defendant permission to take her possessions. If charged with burglary in Arizona, you are facing felony charges. Though there are three different classifications for burglary, each of them are felonies. Third degree burglary is doing one of two things. The unlawful entering or remaining in a nonresidential structure or fenced in area, with the intent of committing any theft or felony. The unlawful gaining entry into any part of a vehicle with burglar’s tools with the intent of committing any theft or felony. The punishment carries 18 months to three years in prison.

Second degree burglary is the unlawful entering or remaining in or on a residential structure with the intent of committing any theft or felony. This applies to a home, apartment building, or any place people reside. This carries a two in a half to seven year punishment in prison. First degree burglary is the most serious charge. This means one committed either a second or third degree burglary while using a firearm, explosive, or other deadly weapon. The punishment is four to ten years in prison. To be charged with any degree of burglary, you do not need to steal anything, only have the intent of stealing. Also, the defendant was charged with crimes related to drugs, in the state of Minnesota they would charge him with 152.021 CONTROLLED SUBSTANCE CRIME IN THE FIRST DEGREE.

Subd. 2. Possession crimes. (a) A person is guilty of a controlled substance crime in the first degree if: (1)the person unlawfully possesses one or more mixtures of a total weight of 25 grams or more containing cocaine, heroin, or methamphetamine. A blue MDMA tablet also known as ecstasy, with a “thumbs-up” imprint was found under the table in the living room as well as powder cocaine residue on the living room coffee table of the victim’s apartment. Upon search of the defendant’s home, detectives found ecstasy, cocaine, methamphetamine, and jewelry owned by the victim among the defendant’s possessions. Small bag containing ecstasy found at defendants home matched the ones found at the victim’s home.

References
A.C.A. § 5-13-211. (2015). Retrieved from Revisor of statutes, State of Minnesota, 152.021 CONTROLLED SUBSTANCE CRIME IN THE FIRST DEGREE, 2014. Retrieved on February 13, 2015 from Revisor of statutes, State of Minnesota, 609.185 Murder in the First Degree, 2014. Retrieved on February 13, 2015 WordPress Admin (n.d.). Burglary Laws. Retrieved on February 13, 2015 from

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