CJA 354 Week 3 Prosecuting Argument (Learning Team Assignment)

Resource: University of Phoenix Material: State v. Stu Dents Discuss the case as if you are part of the prosecuting team in State v. Stu Dents to develop your argument.

Write a 700- to 1,050-word paper that details the team’s argument.

List the elements of each crime and facts that establish each element.

Provide a specific law for each charge.

List the state where the law is effective. Each team member’s state needs to be represented.

Include the state where your case would be the strongest.

Cite to at least two (2) academic resources.

Cite to your text and/or your electronic readings.

Format your paper consistent with APA guidelines.

Homicide

          In the case of State v. Stu Dents, the charge of homicide was given because of the items and evidence that the detectives recovered after the murder. Upon a search of Stu Dents home, detectives found a journal that included entries that were started six months prior to the murder up until the day before the murder. In this journal Stu Dents discussed rope, rags and a sharp hunting knife to fulfill his destiny. While in Stu Dents home the detectives also found jewelry that belonged to the victim, one piece being a ring that Uma Opee wore on a everyday basis. In a locked room the detectives also found a room full of three hundred or more pictures of Uma Opee stapled all over the walls. One last item that linked Stu Dents to the crime was an ecstasy pill that was found at Uma Opee’s residence and then the same blue tablet with a thumbs up print was also found at the residence of Stu Dents.

Homicide in the State of South Carolina

          In South Carolina Code of Laws Section 16-3-5 defines homicide as “A person who causes bodily injury which results in the death of the victim is not criminally responsible for the victim's death and must not be prosecuted for a homicide offense if at least three years intervene between the injury and the death of the victim.”

SECTION 16-3-10. "Murder" defined.

          "Murder" is the killing of any person with malice aforethought, either express or implied. A person who is convicted of murder or pleads guilty to murder in most states is sentenced to death, imprisonment for life, or by a minimum term of imprisonment for 30 years. When indicting someone for murder the following applies:

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