In the instance of State v. Stu Dents. the charge of homicide was given because of the points and grounds that the investigators after the slaying. Upon a hunt of Stu Dents place. investigators ceased a diary that included entries that were started six months prior to the slaying up until the twenty-four hours before the slaying taken topographic point. The journal entries discussed rope. shreds. and a crisp hunting knife to carry through his fate. While in Stu Dents home the investigators besides discovered jewellery that belonged to the victim. one piece being a ring that Uma Opee wore on a day-to-day footing. Other grounds included three hundred images in a room of the victim stapled to the walls. Besides associating Mr. Stu Dents to the offense was an a bluish tablet known as rapture that had a “thumbs-up” imprint that was located under a tabular array in the life room of Uma Opee’s abode.
In this instance. Mr. Dents was charged with several different offenses. The first being homicide. Mr. Dents was able to be charged with this offense because the elements of the offense were all met. Mr. Dents had purpose and intentionally killed the victim. Mr. Dents completed the act of knifing the victim to decease after binding up her weaponries and legs and stuffing apparels in her oral cavity. The 3rd component of homicide is causing. the officers on scene were able to turn out that Mr. Dents and his actions are what caused victims decease. Another charge Mr. Dents received was assault of a constabulary officer because all elements were met with this offense every bit good. Officer were able to turn out beyond sensible uncertainty that Mr. Dents had every purpose and completed the act of pluging the officer seeking to put handlocks on him in the face. the officer felt threatened and had fright of the suspect. The suspect was moving both contentious and irrational he was being harmful and violative to the officers. By his actions. jurisprudence enforcement was able to bear down him with assault on an officer. Mr. Dents was charged with snatch because he unlawfully seized the victim. taking her without her consent and killed her.
Mr. Dents was besides charged with ownership of controlled substance or gear. This charged was able to be given to the suspect due to the big sum of rapture. cocaine and Methedrine found in his flat. Even though his toxicology screen came back that he had no illegal drugs in his system at the clip of his apprehension. he was still cognizant that these drugs were in his flat. All elements to each of the offenses Mr. Dents was charged with were met and able to be proved beyond sensible uncertainty. We feel ( prosecuting lawyers ) that we are obligated to go on pressing frontward with bear downing Mr. Stu Dents with the undermentioned offenses. Homicide. assault on a police officer. snatch. burglary and ownership with the purpose to administer narcotics. Harmonizing to Nevada State Torahs a individual can be charged with homicide if the suspect commits the act which was premeditated and consider in nature or if the violent death happened while perpetrating other felonies like snatch and burglary ( State of Nevada. N. D. ) . If found guilty of the category A felony the suspect will function a term of no less than life in prison without the possibility of word ( State of Nevada. N. D. ) .
In respects to the assault and battery charge on the constabulary officer. Nevada jurisprudence states that an assault occurs if any individual efforts to utilize physical force against another individual and battery is really transporting out the effort. such as striking another individual. including a constabulary officer ( State of Nevada. N. D. ) . Mr. Dents struck the officer while he was seeking to repress him. If found guilty of the class B felony Mr. Dents will be capable to making no less than two and no more than ten old ages in prison with a 10. 000 dollar mulct ( State of Nevada. N. D. ) .
Harmonizing to California State Torahs. a individual can be charged with nobbling if they forcibly or by any other agencies take person against their will anywhere in the province. state or universe ( State of California. N. D. ) . Since Mr. Dents is being charged with snatch and homicide the punishment for nobbling which consequences in the decease of the victim is an automatic life sentence without the possibility of word ( State of California. N. D. ) .
Mr. Dents is being charged with burglary against Miss. Opee and in the State of North Carolina a individual can be charged with burglary if he or she breaks into a place which is non theirs nor had the permission to travel into in the first topographic point. Since no 1 was place at the clip Mr. Dents entered her flat he would be charged with a category G felony which will add between eight and 31 months to Mr. Dents sentence ( State of North Carolina. N. D. ) .
In the great State of Ohio. anyone found with narcotics in their places can be charged with ownership with the purpose to administer if he or she has more than the mean personal usage sum. If found guilty of a felony in the first through fifth grades Mr. Dents can function anyplace from six months to eleven old ages in prison depending on the sorts and sums of each narcotic found in his flat ( State of Ohio. N. D. ) . Mr. Dents is being charged with an array of offenses from his slaying instance such as homicide. snatch. and assault on an officer. drug ownership. and burglary. After looking at four different states- Ohio. North Carolina. California. and Nevada. My squad has decided that the instance would be the strongest in Nevada. When it comes to homicide. every province offered the decease punishment. excepting California. The assault on a police officer ranged from 12 months to 6 old ages throughout all four provinces but Nevada had the highest norm with 4 old ages being the minimal sentence.
Kidnapping is a really serious charge in three out of our four provinces. Where California is what seems similar lenient with four old ages. being charged in Nevada would be life behind bars with or without the opportunity of word based on the nature of the offenses that was committed at the clip of snatch. Burglary was besides highest in Nevada. The last charge of drug ownership does vary based on the sum of drugs a individual had. Mr. Dents will have the highest penalty being charged in the province of Nevada. and our instance will besides be the strongest at that place every bit good. The violent death of one homo being by the act. procurance. or skip of another human being ( Schmalleger. 2010 ) . Adequate grounds was obtained to do the apprehension of Mr. Dents. The province has now charged Stu Dents with the followers: homicide. assault of a police officer. snatch. burglary. and offenses related to drugs.
State of California. ( N. D. ) . Penal Code 207-210. Retrieved from hypertext transfer protocol: //www. leginfo. ca. gov/cgi-bin/displaycode? section=pen & amp ; group=00001-01000 & A ; file=207-210 State of Nevada. ( N. D. ) . Chapter 200 – Crimes against the individual. Retrieved from hypertext transfer protocol: //www. leg. province. Nevada. us/nrs/nrs-200. html # NRS200Sec050
State of North Carolina. ( N. D. ) . Offenses against the Habitation and other Buildings. Retrieved From hypertext transfer protocol: //www. ncleg. net/EnactedLegislation/Statutes/HTML/ByArticle/Chapter_14/Article_14. html State of Ohio. ( N. D. ) . 2925. 03 Trafficking. aggravated trafficking in drugs. . Retrieved from hypertext transfer protocol: //codes. Ohio. gov/orc/2925. 03
hypertext transfer protocol: //www. leg. province. Nevada. us/nrs/nrs-200. hypertext markup language
Schmalleger. F. Hall. D. E. & A ; Dolatowski. J. J. ( 2010 ) . Condemnable jurisprudence today ( 4th ed. ) . Upper Saddle River. New jersey: Pearson Education.