Insanity Defense

Mr. Dents is charged with homicide, assault of a police officer, kidnapping, burglary and crimes related to drugs. For the prosecution’s case to be successful must prove beyond a reasonable doubt that Mens rea was present for each crime.

For homicide to be proven the elements that must be proven are the intent, the act and causation. In order for intent to be present, the must have been a prior thought or plan to commit murder. The next element would be the act, this would be the physical action that took place to take someone’s life. Causation would be the final element needed for a homicide charge. It must be proven that the actions of Mr. Dents lead to the death of Ms. Opee.

Mr. Dent’s is also charged of assault of a police office. The prosecution must prove that defendant acted in a way that caused the victim to feel in danger of fearful of the defendant. The victim must have felt that this danger was immanent or was going to immediately about to happen.

Kidnapping is another charge that Mr. Dents was charged with. Two key elements of kidnapping are unlawful taking of the victim and an irrational motive like obtaining a ransom. Kidnapping can be defined as, Transportation in interstate commerce of a nonconsenting person who is held for ransom, reward, or otherwise, with such acts being done knowingly and willfully. United States v. Hood, 143 Fed. Appx. 94, 97 (10th Cir. Okla. 2005).

After Mr. Dents arrest and his home was searched a ring was found that was later determined belonged to the victim. Witnesses would report that MS. Opee wore this ring every day. This was enough to charge Mr. Dents with burglary. The elements needed to prove burglary are, there was unauthorized entry into a structure, with intent to commit a crime.

The final charge that Mr. Dents was charged with is crimes related to drugs. Upon search the defendants home after his arrest, officers found ecstasy pills, methamphetamine and powder cocaine