CJA 354 Team B Week 3 upload

Topics: Criminal law, Crimes, Burglary Pages: 7 (1695 words) Published: May 13, 2015

Prosecuting Argument: State v. Stu Dents
CJA 354/Criminal Law

Prosecuting Argument: State v. Stu Dents
In the case of State v. Stu Dents, the state of Maryland will be charging the defendant with homicide, assault of a police officer, kidnapping, burglary and the crimes related to drugs discovered by the detectives after the murder. The state will present evidence on what the detectives discover going through the suspects’ resident. Detectives discovered a journal that comprised of details about the victim leading up to her murder. Stu Dents journal also discussed rope, rags and a sharp hunting knife to satisfy his needs. Also amongst the defendant possession was jewelry worn by the victim. Three hundred or more pictures of Uma Opee were discovered in a locked room by detectives in the resident of Stu Dent stapled to the walls. The final link to charge Stu Dent in the murder of Uma Opee is the blue pill with the thumbs up emblem embedded on it that was discovered at both locations. Charge: Homicide

In the case of State v. Stu Dents, the charge of homicide was indicated due to finding the items and evidence that the detectives recovered after the murder. During an investigation of Stu Dents home, detectives recovered a journal with entries that date back six months prior to the murder of Uma Opee. Within the journal, the following entries mentioned rags, rope, and a hunting knife that would be utilized to accomplish the crime. Among the other items recovered from Mr. Dents home was Opee’s jewelry; specifically a ring that was identified by co-workers as an item that was worn by Opee on a daily basis. In the bedroom investigators discovered over three hundred photographs of Opee pinned to the wall. Investigators also discovered a pill identified as ecstasy at the apartment of Stu Dents, the same pill was revealed to have been obtained from the apartment of Uma Opee.

Charge: Homicide in Maryland
Homicide is specifically identified as murder in the state of Maryland. The crime of murder is further outlined in Statute §2–201. There are various degrees of murder with equally opposing levels of punishments. In the state of Maryland, “A murder is in the first degree if it is: (1) a deliberate, premeditated, and willful killing; (2) committed by lying in wait; (3) committed by poison; or (4) committed in the perpetration of or an attempt to perpetrate: (i) arson in the first degree; (ii) burning a barn, stable, tobacco house, warehouse, or other outbuilding that: A person who commits a murder in the first degree is guilty of a felony and on conviction shall be sentenced to: imprisonment for life without the possibility of parole; or imprisonment for life”. In order for a homicide to occur in the state of MD there must be certain elements present. In most cases there has to be a body, intent and willfulness. Homicide is defined as the willful killing of another person by waiting for the victim, felony murder or poisoning. (Maryland Fist-Degree Murder, 2015). There is also second degree murder which is defined as the same without the premeditation.

Charge: Assault on a Police Officer
In the case of the State vs Stu Dent he committed the crime of assault of a police officer by striking him in the face that is considered assault in all states. The “Maryland Criminal Defense Lawyers” (2015), Maryland law states the maximum time he could receive for assaulting an officer is 10 years. The state of Maryland assault is the attempt of touching someone without their consent and putting the person in a state of fear at the moment. Assault on a Police Officer in Maryland

An act of assault on a law enforcement officer, to include "physical injury" means any impairment of physical condition, excluding minor injuries, by “A person may not intentionally cause physical injury to another if the person knows or has reason to know that the other is: “a law enforcement officer engaged in...

References: Burglary Laws. (2015). Retrieved from http://www.burglarylaws.com/
Maryland Criminal Defense Lawyers. (2015). Retrieved from http://www.maryland-defense-lawyer.com/assault/
Justia U.S. Law. (2010). Retrieved from http://law.justia.com/codes/maryland/2010/criminal-law/title-2/subtitle-2/2-201/
2010 Maryland Code Criminal Law Title 3 – Other crimes against the person. Section 3-502 - Kidnapping. Retrieved from http://law.justia.com/codes/maryland/2010/criminal-law/title-3/subtitle-5/3-502
MD kidnapping and abduction laws. (2014). Retrieved from http://www.kidnapping.uslegal.com
Maryland first-degree murder. (2015). Retrieved from http://www.ststelaws.findlaw.com
2010 Maryland Code Criminal Law Title 3- Other crimes against the person. Subtitle 2 - Assault, Reckless Endangerment, and Related Crimes. Section 3-203. Retrieved from http://law.justia.com/codes/maryland/2010/criminal-law/title-3/subtitle-2/3-203degree.
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