Prosecuting Arguments

Prosecuting Arguments A prosecutor’s duty is to defer and produce evidence of the crime at hand to the judge and jury so that they can decide an appropriate sentence. According to the case of State v. Stu Dents, there are several charges against the defendant which range from moderate to severe. These charges include homicide, assault of a police officer, kidnapping, burglary, and crimes related to drugs. The prosecution must attempt to provide accurate evidence to prove the charges against Stu Dents.

During this trial, the prosecution will evaluate the laws and statutes of Hawaii, Virginia, Arkansas, North Carolina, and Pennsylvania to determine which state the case is the strongest. The prosecution will examine each of these states thoroughly to provide a better understanding of the charges, which will provide a guideline in determining the best sentencing alternatives. Facts and Elements The prosecution must establish the facts and elements of each crime to prove a defendant’s guilt. The elements of crime are the basic components of the crime, and the essential features of that crime specified by law or statute.

These elements include actus reus, mens rea, and a concurrence of the two. To convict the defendant of a particular crime, the prosecution must establish that each of the required elements are present in the facts to prove criminal liability (Schmalleger, Hall, & Dolatowski, 2010). In the case of State v. Stu Dents, the prosecution must establish the facts and elements of the charges for homicide, assault of a police officer, kidnapping, burglary, and crimes related to drugs. For the charge of homicide, all of the required elements are present in the facts of the case.

The journal entries discussing the purchase of rope, rags, and a sharp hunting knife “to fulfill [his] destiny” prove mens rea. Actus reus is proven in the evidence that the victim was found with cloth stuffed in her mouth, arms and legs tied with rope restraints, and stabbed to death. The defendant’s intent to commit the crime is proven by the journal entries, and the proof that he engaged in the criminal conduct is evident in the gagging, restraining, and stabbing death of the victim (University of Phoenix, n. d. ).

For the charge of assault of a police officer, all of the required elements are present in the facts of the case. When police officers attempted to take him into custody, he was extremely agitated, irrational, combative, and screaming about the end of the world and aliens working in the police force, which proves mens rea. Actus reus is proven when the defendant punched the officer in the face while the officer attempted to handcuff him. The defendant’s intent to cause bodily harm to the officer by punching him proves the presence of intent and conduct (University of Phoenix, n. . ). For the charge of kidnapping, all of the required elements are present in the facts of the case. Mens rea is proven from the evidence officers found in the defendant’s home, which included a timeline of more than 300 photos of the victim in various locations and situations. It appears as if some photos were taken without the victim’s knowledge. Actus reus is proven by the evidence of cuts and bruises found on the victim’s body as well as skin particles under her fingernails, which signify a struggle prior to death.

The DNA of the skin particles matched samples of the defendant’s DNA. Therefore, the defendant’s intent to seize unlawfully and carry away the victim by force, as indicated by the evidence of struggle, proves the presence of intent and conduct (University of Phoenix, n. d. ). For the charge of burglary, all of the required elements are present in the facts of the case. Mens rea is proven from witness testimony stating that the defendant entered the victim’s apartment when she was not home, and there was no proof that he used a key.

Actus reus is proven when a search of the defendant’s home produced drugs and jewelry owned by the victim. The defendant’s intent to enter the victim’s residence unlawfully without permission for the purpose of committing a crime is proven by the theft of the victim’s possessions (University of Phoenix, n. d. ). For the charge of crimes related to drugs, all of the elements are present in the facts of the case. Mens rea is proven when a search of the defendant’s home produced various amounts of ecstasy, cocaine, and methamphetamines.

Actus reus is proven by the presence of ecstasy, cocaine, and methamphetamines in the defendant’s home, which is an act of possession. The defendant knowingly possessing the drugs coexists with the act of possessing the drugs (University of Phoenix, n. d. ). State Laws In Hawaii, homicide occurs when a person intentionally or knowingly causes the death of another person, and it is considered murder in the first degree. The crime of homicide with more than one victim or an inmate killing his or her cellmate is considered first degree murder, and homicide of an officer of the law is considered a felony murder.

Murder in the first degree is a serious felony, and the defendant could face life in prison without parole because Hawaii does not have the death penalty (FindLaw, 2012). In Pennsylvania, assault of a police officer occurs when a person intentionally causes harm to an officer while on duty, such as fighting the officer to avoid arrest. If this incident causes the officer bodily harm, the crime is a second-degree misdemeanor. This will result in a sentence of up to five years in prison, and a fine of up to $3,000.

If a person shoots and kills an officer on duty, the charge is assault in the first degree. The defendant could face a minimum of 20 years in prison or death for first-degree assault of a police officer (Justia, n. d. ). In North Carolina, kidnapping occurs when a person unlawfully restrains or keeps another person at any place without his or her permission. It is considered first degree kidnapping if the victim is not released in a safe place or is seriously injured. This charge is considered a Class C felony, and it carries up to 15 years imprisonment (North Carolina General Assembly, n. d. ).

In Arkansas, residential burglary occurs when a person unlawfully enters and remains in a residential structure, and commits any offense punishable by imprisonment. This crime is considered a Class B felony. A defendant who is charged with this crime faces five to 10 years imprisonment, and a fine of up to $15,000 (Justia, n. d. ). In Virginia, crimes related to drugs include manufacturing, distributing, or possessing controlled substances with the intent to manufacture or distribute. A first offense under this statute carries a sentence of five to 40 years imprisonment, and a fine of up to $500,000.

Second and subsequent offenses carry a sentence of five years to life imprisonment, and a fine of up to $500,000. It is considered a felony if a person manufactures, distributes, or possesses certain large amounts of controlled substances. A felony conviction carries a sentence of five years to life imprisonment, and a fine of up to $1 million (Laws. com, 2011). Strongest State Case According to the information on the state laws and statutes, Hawaii would yield the strongest prosecution in the case of State v. Stu Dents. In

Hawaii, a conviction of homicide carries a sentence of life imprisonment without parole, which would keep the defendant away from society, and keep society safe from possible future offenses by the defendant. A conviction for assault of a police officer carries up to five years imprisonment. A conviction for kidnapping and drug crimes is a Class A felony, and it carries a term of up to life imprisonment with a fine of up to $50,000. A conviction of burglary is a Class B felony, and it carries a term of two to 20 years imprisonment with a fine of up to $25,000 (Nolo, 2012).

If the defendant is found guilty of all charges in the state of Hawaii, he will spend the rest of his life in prison as well as pay a large amount in fines, which is absolute justice for the victim. Conclusion Each state has different laws for each crime that a person commits and how that person is charged for the crime. The prosecution for each crime is strong for each of the states examined. No matter what the case is for a crime committed in any state, there is a law or statute available to charge a person for that crime.

Regardless of the state the criminal trial proceeds in, the prosecution will have a strong case in the case of State v. Stu Dents. References FindLaw. (2012). Haw. Rev. Stat. § 707-701 : Hawaii Statutes – Section 707-701: Murder in the first degree. Retrieved from http://codes. lp. findlaw. com/histatutes/5/37/707/II/707-701 Justia. (n. d. ). 2010 Arkansas Code § 5-39-201 – Residential burglary — Commercial burglary. Retrieved from http://law. justia. com/codes/arkansas/2010/title-5/subtitle-4/chapter-39/ subchapter-2/5-39-201/ Justia. (n. d. . 2010 Pennsylvania Code § 2702. 1 – Assault of law enforcement officer. Retrieved from http://law. justia. com/codes/pennsylvania/2010/title-18/chapter-27/2702-1/ Laws. com. (2011). 18. 2-248 – Manufacturing, selling, giving, distributing, or possessing with intent to manufacture, sell, give, or distribute a controlled substance or an imitation controlled substance prohibited; penalties. Retrieved from http://statutes. laws. com/ virginia/title-18-2/chapter-7/18-2-248 Nolo. (2012). Hawaii Charges for Crimes by Felony Class. Retrieved from ttp://www. criminaldefenselawyer. com/resources/criminal-defense/felony-offense/ hawaii-felony-class. htm North Carolina General Assembly. (n. d. ). Article 10 – Kidnapping and Abduction. Retrieved from http://www. ncga. state. nc. us/EnactedLegislation/Statutes/PDF/ByArticle/Chapter_ 14/Article_10. pdf Schmalleger, F. , Hall, D. E. , & Dolatowski, J. J. (2010). Criminal law Today. (4th ed. ). Upper Saddle River, NJ: Prentice Hall. University of Phoenix. (n. d. ). State v. Stu Dents. Retrieved from University of Phoenix, CJA354 website.