Prosecuting Arguments

Prosecuting Arguments A prosecutor's assignment is to adjourn and aftermath affirmation of the abomination at duke to the adjudicator and board so that they can adjudge an adapted sentence. According to the case of Accompaniment v. Stu Dents, there are several accuse adjoin the actor which ambit from abstinent to severe. These accuse accommodate homicide, advance of a badge officer, kidnapping, burglary, and crimes accompanying to drugs. The case allegation attack to accommodate authentic affirmation to prove the accuse adjoin Stu Dents. During this trial, the case will appraise the laws and statutes of Hawaii, Virginia, Arkansas, North Carolina, and Pennsylvania to actuate which accompaniment the case is the strongest. The case will appraise anniversary of these states thoroughly to accommodate a bigger compassionate of the charges, which will accommodate a guideline in free the best sentencing alternatives. Facts and Elements The case allegation authorize the facts and elements of anniversary abomination to prove a defendant's guilt. The elements of abomination are the basal apparatus of the crime, and the capital appearance of that abomination defined by law or statute. These elements accommodate actus reus, mens rea, and a accedence of the two. To captive the actor of a accurate crime, the case allegation authorize that anniversary of the appropriate elements are present in the facts to prove bent accountability (Schmalleger, Hall, & Dolatowski, 2010). In the case of Accompaniment v. Stu Dents, the case allegation authorize the facts and elements of the accuse for homicide, advance of a badge officer, kidnapping, burglary, and crimes accompanying to drugs. For the allegation of homicide, all of the appropriate elements are present in the facts of the case. The account entries discussing the acquirement of rope, rags, and a aciculate hunting knife "to accomplish [his] destiny" prove mens rea. Actus reus is accurate in the affirmation that the victim was begin with bolt blimp in her mouth, accoutrements and legs angry with braiding restraints, and stabbed to death. The defendant's absorbed to accomplish the abomination is accurate by the account entries, and the affidavit that he affianced in the bent conduct is axiomatic in the gagging, restraining, and cutting afterlife of the victim (University of Phoenix, n. d. ). For the allegation of advance of a badge officer, all of the appropriate elements are present in the facts of the case. Back badge admiral attempted to booty him into custody, he was acutely agitated, irrational, combative, and agreeable about the end of the apple and aliens alive in the badge force, which proves mens rea. Actus reus is accurate back the actor punched the administrator in the face while the administrator attempted to adhere him. The defendant's absorbed to account actual abuse to the administrator by punching him proves the attendance of absorbed and conduct (University of Phoenix, n. . ). For the allegation of kidnapping, all of the appropriate elements are present in the facts of the case. Mens rea is accurate from the affirmation admiral begin in the defendant's home, which included a timeline of added than 300 photos of the victim in assorted locations and situations. It appears as if some photos were taken after the victim's knowledge. Actus reus is accurate by the affirmation of cuts and bruises begin on the victim's anatomy as able-bodied as bark particles beneath her fingernails, which announce a attempt above-mentioned to death. The DNA of the bark particles akin samples of the defendant's DNA. Therefore, the defendant's absorbed to appropriate unlawfully and backpack abroad the victim by force, as adumbrated by the affirmation of struggle, proves the attendance of absorbed and conduct (University of Phoenix, n. d. ). For the allegation of burglary, all of the appropriate elements are present in the facts of the case. Mens rea is accurate from attestant affidavit advertence that the actor entered the victim's accommodation back she was not home, and there was no affidavit that he acclimated a key. Actus reus is accurate back a chase of the defendant's home produced drugs and adornment endemic by the victim. The defendant's absorbed to access the victim's abode unlawfully after permission for the purpose of committing a abomination is accurate by the annexation of the victim's backing (University of Phoenix, n. d. ). For the allegation of crimes accompanying to drugs, all of the elements are present in the facts of the case. Mens rea is accurate back a chase of the defendant's home produced assorted amounts of ecstasy, cocaine, and methamphetamines. Actus reus is accurate by the attendance of ecstasy, cocaine, and methamphetamines in the defendant's home, which is an act of possession. The actor advisedly possessing the drugs coexists with the act of possessing the drugs (University of Phoenix, n. d. ). Accompaniment Laws In Hawaii, assassination occurs back a being carefully or advisedly causes the afterlife of addition person, and it is advised annihilation in the aboriginal degree. The abomination of assassination with added than one victim or an bedfellow killing his or her cellmate is advised aboriginal bulk murder, and assassination of an administrator of the law is advised a abomination murder. Murder in the aboriginal bulk is a austere felony, and the actor could face activity in bastille after acquittal because Hawaii does not accept the afterlife amends (FindLaw, 2012). In Pennsylvania, advance of a badge administrator occurs back a being carefully causes abuse to an administrator while on duty, such as angry the administrator to abstain arrest. If this adventure causes the administrator actual harm, the abomination is a second-degree misdemeanor. This will aftereffect in a book of up to bristles years in prison, and a accomplished of up to $3,000. If a being shoots and kills an administrator on duty, the allegation is advance in the aboriginal degree. The actor could face a minimum of 20 years in bastille or afterlife for first-degree advance of a badge administrator (Justia, n. d. ). In North Carolina, kidnapping occurs back a being unlawfully restrains or keeps addition being at any abode after his or her permission. It is advised aboriginal bulk kidnapping if the victim is not appear in a safe abode or is actively injured. This allegation is advised a Class C felony, and it carries up to 15 years imprisonment (North Carolina General Assembly, n. d. ). In Arkansas, residential break-in occurs back a being unlawfully enters and charcoal in a residential structure, and commits any breach amiss by imprisonment. This abomination is advised a Class B felony. A actor who is answerable with this abomination faces bristles to 10 years imprisonment, and a accomplished of up to $15,000 (Justia, n. d. ). In Virginia, crimes accompanying to drugs accommodate manufacturing, distributing, or possessing controlled substances with the absorbed to accomplish or distribute. A aboriginal breach beneath this statute carries a book of bristles to 40 years imprisonment, and a accomplished of up to $500,000. Second and consecutive offenses backpack a book of bristles years to activity imprisonment, and a accomplished of up to $500,000. It is advised a abomination if a being manufactures, distributes, or possesses assertive ample amounts of controlled substances. A abomination confidence carries a book of bristles years to activity imprisonment, and a accomplished of up to $1 actor (Laws. com, 2011). Arch Accompaniment Case According to the advice on the accompaniment laws and statutes, Hawaii would crop the arch case in the case of Accompaniment v. Stu Dents. In Hawaii, a confidence of assassination carries a book of activity imprisonment after parole, which would accumulate the actor abroad from society, and accumulate association safe from accessible approaching offenses by the defendant. A confidence for advance of a badge administrator carries up to bristles years imprisonment. A confidence for kidnapping and biologic crimes is a Class A felony, and it carries a appellation of up to activity imprisonment with a accomplished of up to $50,000. A confidence of break-in is a Class B felony, and it carries a appellation of two to 20 years imprisonment with a accomplished of up to $25,000 (Nolo, 2012). If the actor is begin accusable of all accuse in the accompaniment of Hawaii, he will absorb the blow of his activity in bastille as able-bodied as pay a ample bulk in fines, which is complete amends for the victim. Conclusion Anniversary accompaniment has altered laws for anniversary abomination that a being commits and how that being is answerable for the crime. The case for anniversary abomination is able for anniversary of the states examined. No amount what the case is for a abomination committed in any state, there is a law or statute accessible to allegation a being for that crime. Regardless of the accompaniment the bent balloon gain in, the case will accept a able case in the case of Accompaniment v. Stu Dents. References FindLaw. (2012). Haw. Rev. Stat. § 707-701 : Hawaii Statutes - Section 707-701: Annihilation in the aboriginal 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 break-in -- 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 - Advance of law administration 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 absorbed to manufacture, sell, give, or administer a controlled actuality or an apery controlled actuality prohibited; penalties. Retrieved from http://statutes. laws. com/ virginia/title-18-2/chapter-7/18-2-248 Nolo. (2012). Hawaii Accuse for Crimes by Abomination 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). Bent law Today. (4th ed. ). Upper Saddle River, NJ: Prentice Hall. University of Phoenix. (n. d. ). Accompaniment v. Stu Dents. Retrieved from University of Phoenix, CJA354 website.

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