Prosecuting Argument

Topics: Criminal law, Felony, Assault Pages: 5 (1721 words) Published: September 16, 2013
Prosecuting Argument Paper
In presenting its case against, Mr. Stu Dent involving the deceased victim, Uma Opee, the prosecution intends to show the elements of crime are present in each of the charges lodged against the defendant, Stu Dents. Members of the team will provide a specific law for each charge which may be found in one of the following states; Indiana, Minnesota, and Texas. However, the prosecution team has decided that it will pursue this particular case in the great State of Texas, as it feels that it will receive a greater chance of achieving its goal of the severest punishment in the matter. Argument

The prosecution’s argument is that the defendant is not only guilty of the charges brought against him in the matter of State v. Stu Dents but is liable as well because he knowingly and purposefully committed the crimes on the victim, Uma Opee. All three elements, mens rea, actus reus, and concurrence were present at the time. Mr. Dents was very detailed and meticulous in the manner in which he went about, as he penned in fulfilling his destiny in the journal found by officers in his home. This is considered premeditated. Probable cause has been established in connecting the defendant tothe crime through DNA testing. Officers found mor than 300 photographs stapled to a wall in a locked room located in the back of the defendant’s home. Three counts of possession will be sought for the MDMA also known as ecstasy, cocaine, and methamphetamine drugs found in the defendant’s home. Kidnapping as the victim was taken by force from her place of residence. Signs of cuts and bruises on the victim’s shows Uma put up a struggle. The victim’s hands and feet were tied with rope; particles of which were found in the victim’s home along with blood spots. The victim’s jewelry, specifically an inscribed ring, was found among the defendant’s possession. Lastly, the defendant intentionally assaulted a law enforcement officer when he punched Officer T. Chur in the face during his apprehension. Homicide

Mr. Dents murdered the victim with malice and forethought. During the search of the defendant’s home, a journal was found. In the journal, Mr. Dents gives the details of how he purchased ropes, rags, and a sharp hunting knife. These items were purchased to fulfill the defendant’s destiny. The act of purchasing the supplies is premeditated and warrants the charge of capital murder. Capital murder is found under Sec. 19.03.of the Texas penal code.   The part that applies to this case is section 19.02 (b) (1) along with number 2 of section 19.03. Section 19.03 number 2 of the Texas penal code (2011) states, “the person intentionally commits the murder in the course of committing or attempting to commit kidnapping, burglary, robbery, aggravated sexual assault, arson, obstruction or retaliation, or terroristic threat under Section 22.07(a)(1), (3), (4), (5), or (6).” Mr. Dents committed two of the offenses mentioned - kidnapping and burglary. Assault

Moreover, on October 21st at 8:45 p.m., Stu Dents was arrested for numerous charges. One of which is the arrest by Officer T. Chur. Mr. Dents appeared agitated, irrational, and combative in his behavior. Mr. Dents then punched the officer while screaming obscenities. The defendant intentionally, knowingly or recklessly caused bodily injury to the victim. In the State of Minnesota there are no classifications for its felonies; they are instead broken into categories with punishments (StateLaws, n.d.). . In this matter, Mr. Dents assaulted a police officer which is a willful attempt or willful threat to inflict injury on another person. It may also include the act of intentionally frightening another person into fearing immediate bodily harm (Schmalleger, Hall, & Dolatowski, 2010, p.227). The victim was in fact a law enforcement officer on duty at the time of the offense. In the State of Minnesota 609.2231Assaul in the Fourth Degree. Subdivision 1. Peace...

References: Minnesota Statutes (2012). The Office of the Revisor of Statutes. Retrieved from:
http://www.revisor.mn.gov/statutes/?id=609.2231
Penal Code Title 5, (2011) Offenses against the Person, Chapter 19; Criminal Homicide, Retrieved from: http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.19.htm on 9/11/2013
Punishment Range (2012) Penal Code Offenses. Retrieved from: http://www.oag.state.tx.us/AG_Publications/pdfs/penalcode.pdf on 9/11/2013
Thomas, R. G. (2013). Classes of offenses in Indiana. Retrieved from:
http://www.defenselawyerindiana.com/levels.html
Schmalleger, F., Hall, D. E., & Dolatowski, J. J. (2010). Criminal Law Today (4th ed.). Upper Saddle River, NJ: Prentice Hall
 State laws. Retrieved from: http://statelaws.net/Minnesota-Felony.php http://www.in.gov/legislative/ic/code/title35/ar42/ch3.html
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