Sentencing Proposal
Autor: siam951 • February 4, 2013 • Essay • 318 Words (2 Pages) • 2,369 Views
In the case State of California vs. Stu Dents the charges are homicide, burglary, kidnapping, assault of a police officer, and drug crimes. According to “Find Law” (2013) “In Penal Code 187 (a) PC, California law defines murder as "the unlawful killing of a human being or a fetus with malice aforethought” (California Penal Codes Sections 187-199). At this time the prosecution (Team “B”) is offering the defendant a plea bargain. Defendant Stu Dents must plead guilty to the charge of murder in the 2nd degree and assault of a police officer. The prosecution is willing to drop the charges of kidnapping, burglary, and drug charges. If defendant enters a guilty plea to the above sentence, the prosecution will ask for a sentence of 15 years to life. By taking this plea the defendant will give up his right to a jury trial.
The defendant Stu Dents is charged with murder of the first degree. Stu Dents murdered the victim Uma Opee in cold blood. The evidence showed the victim death was premeditated because Stu Dents kept a journal with entries where he discussed purchasing rope, rags, and a sharp hunting knife to fulfill his destiny. The victim was the victim was stabbed 13 times and bled to death. The prosecution will seek the maximum sentence for 1st degree murder in the event the defense attorney and the defendant are not willing to accept the plea bargain offered by the prosecution. A murder crime is a felony offense. According to California’s Penal code section 190, “Every person guilty of murder in the first degree shall be punished by death, imprisonment in the state prison for life without the possibility of parole, or imprisonment in the state prison for a term of 25 years to life.” Defendant Stu Dents specifically intended to kill the victim Uma Opee approximately 11:45 p.m. on the evening of October 18th.
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