Sentencing Issues

If the jury finds sympathy with Stu Dents case in anyway, or if there is not enough evidence or beyond reasonable doubt, it is still likely that a sentence to mental rehabilitation center is likely. “As a result of the Atkins decision, persons who are mentally retarded and who commit the crime of murder are no longer subject to the death penalty because it violates the 8th Amendment’s prohibition against cruel and unusual punishment” (Dwyer, Frierson, 2006). It is not even said that Stu Dents has a mental retardation but this could apply to those with behavioral retardation (schizophrenia).

The evidence in this case proves that Stu Dents did indeed commit the crimes he is facing charges. Because he does not appear to have been both mentally stable at the time of the crime and does not appear capable to stand trial, Stu Dents should first undergo evaluation to confirm his mental condition. Once the court has confirmed he is not capable, he should be allowed medication, either willingly or forcefully, to allow him to stand trial. If he is found guilty for reasons of insanity, Stu Dents should receive life without the possibility of parole for first degree murder. His sentence should include a stay at a mental health facility for rehabilitation.

The jury should find Stu Dents guilty of murder, kidnapping, and burglary. Evidence has shown that Dents had intent to murder the victim and cover up the details. Although there were illegal drugs found in Dents apartment, he assaulted officers during his arrest; evidence shows that he had intent, capability, and premeditative intentions to murder the victim. The best and only punishment to consider in this case is life in prison without the chance of parole or the death penalty.

Stu Dents is facing the charges of homicide, assault of a police officer, kidnapping, burglary, and crimes related to drugs. These charges are valid and substantive evidence is found on the victim’s body, in the