Criminal Procedure Essay

460 words - 2 pages

A team of students will study a case against Stu Dents and the murder of Uma Opee. Stu Dent was accused of murdering Uma Opee, whom he had a relationship with. His DNA was found at the scene of the crime under the victims figure nails. The victim’s body was found tire with rope, stabbed 13 times, and multiple bruises. On October 19th, Uma Opee’s body was found in a vacant building approximately five miles from her home. The day prior she had worked her shift at a local music store and after work walked to her home. The defendant in this case also reseated arrest and assault a police officer. In the case of State of North Carolina v. Stu Dents, the jury found the defendant Stu Dents guilty of the following crime: ...view middle of the document...

It will be vital for this team of students analyzing this case to provide closing arguments to support their recommendations and the laws under North Carolina to determine whether or not Stu Dents has enough to escape the charges against him.

Charges and Verdict

North Carolina Violations and Punishments

Prosecution Argument

Defense Argument
Now that the defendant’s guilt has been decided, it is important that the mental condition of the defendant be taken into consideration as a mitigating factor in determining an appropriate sentence. In the state of North Carolina, it is understood that a Class A felony, such as murder in the first-degree, is punishable only by life without parole or death (Spainhour & Katzenelson, 2012). However, it would be irresponsible and unconstitutional to impose capital punishment on a man with a mental illness, such as the defendant. Provided that the defendant’s remaining convictions provide lesser punishments even at the maximum than his first-degree murder conviction, it is requested per N.C. Gen. Stat. § 15A-1354, that the court allow the defendant’s sentences to run concurrently. However, for the purpose of rehabilitation, it would be best that the court consider sentencing the defendant to drug treatment or an educational program for his remaining crimes.

Conclusion

References
N.C. Gen. Stat. § 15A-1354
Spainhour, W. E. & Katzenelson, S. (2012). A citizen’s guide to structured sentencing. Retrieved from: http://www.nccourts.org/Courts/CRS/Councils/spac/Documents/citizenguide2012.pdf
University of Phoenix (2012). State v. Stu Dents. Retrieved from: University of Phoenix, CJA/354, Materials

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