Sentencing Proposal

Sentencing Proposal

Learning Team D

CJA/305

Aug. 10, 2015

Instructor Walsh

Sentencing Proposal

The case that we are discussing today is State v. Stu Dents. This case includes many possible outcomes that will determine the proper punishment for Stu Dents. Stu Dents is being charged with the following charges:

• Homicide
• Assault
• Kidnapping
• Burglary
• Crimes related to drugs

These charges have all been proven to prove Stu Dents guilty of all said crimes. In return, there are two potential outcomes for Stu Dents punishment. The two outcomes that could be given to Stu Dents are based on these two charges:

1.        Lifetime in Prison

            2.        Death Penalty

The first punishment, lifetime in prison, would be given based on all of the charges that are at hand at this point in the case. This charge would be the best option if and only if Stu Dents has no prior charges and/ or he if he goes under a psych evaluation to prove he has a mental condition. If there are prior charges against Stu Dents that are similar to his charges and there are not any mental illness proven, the death penalty would be the next option.

        Based on the charges and the actions of Mr. Stu Dents committed the death penalty would be the sentence that would be taken if there were other previous charges and if there is no proof of mental illness. The charges of homicide and kidnapping are the two main charges that would justify the charge against Mr. Dents. The drug charges, assault of a police officer, and burglary are the three charges that would add to the overall charge.

        The sentence lifetime in prison with no possibility of parole would be the lessor of the sentences if Mr. Dents is proven to have a mental illness due to the fact of him yelling “ I am God” and “Alien” to an officer.

There are several victims of this incident that would most definitely feel that the death penalty would be the best punishment for this crime, but we must also look at the fact that life in prison should be considered. This case shows that there were several crimes committed in this incident. We can see that kidnapping, homicide, assault, burglary, and drug crimes were committed in this case. There is evidence to show that the defendant of this case had thought about his actions while committing these said crimes. The victim Uma Opee was bound, gagged, removed from her home, stalked with pictures in the defendant’s home to prove she was being watched, her hoe was broken into, and there was a journal that was kept by Mr. Dents with information that was incriminating. The victim had been stabbed approximately thirteen times with a knife that was purchased by the defendant and recorded in the journal by the defendant. With stabbing someone thirteen times  we could conclude this to be a little more than necessary to kill someone, also showing that the defendant might have mental health problems. Also drugs were found in both the victim’s home and the defendant’s residence that matched, even though there weren’t drugs found in either of their systems, they were present and planted by the defendant. With these facts of the case we can determine that the defendant was aware of his actions and possibly the outcomes of those actions.