Does Texas have the most effective law for the punishment
iloveme85
prosecuting_argument.docxAfter thoroughly reviewing the case of State v. Stu Dents, it has come to the attention of the prosecuting team that there are different elements of criminal doing in this case. As with each case that is presented to the court, it is the prosecutor’s job to present the information and facts from the case. We intend to bring to light the elements of crime, along with the facts that have been established, specific laws for each charge, and establish what state in which the law is most effective for punishment. The first element of crime in this case is murder. The defendant did in fact tie up the victim and then stabbed the victim thirteen times. Since the facts are not overly clear at this time, there is a chance of possible kidnapping or Corpus Delicti. This would be since the defendant was last seen at the victim’s apartment and the body of the victim was found 5 miles away. The third element in this case would be for possession of illegal drugs. Drugs were in fact found at the defendant’s home and at the house of the victim, of which he may have planted. Last but not least it may be possible to pursue an added charge of pre-meditated murder. With the information that was written by the defendant in his journal, stating that since he met the victim, he discussed the purchase of rope, rags, and a hunting knife. These are the facts that we know of at this time and are the ones that we intend to prosecute to the fullest extent of the law.
Mr. Stu Dents was charged with homicide, assault of a police officer, kidnapping, burglary, and crimes related to drugs. According to Texas law, sec. 20.03. Kidnapping as a person commits to an offense intentionally or knowingly abducts another person (Texas Constitution and Statutes). Mr. Dents is being charged with Aggravated Kidnapping, which states under Sec. 20.04. Part “A person commits an offense if the person intentionally or knowingly abducts another person and uses or exhibits a deadly weapon during the commission of the offense” (Texas Constitution and Statutes). Mr. Dents possessed a knife during the crime and the victim was stabbed. Aggravated Kidnapping is a felony of the first degree. According to Texas State law, sec. 19.01. A person commits criminal homicide if he/she intentionally, knowingly, recklessly, or with criminal negligence causes the death of an individual (Texas Constitution and Statutes). Part B of the same law states criminal homicide is murder, capital murder, manslaughter, or criminally negligent homicide. As the prosecution Mr. Dents will be charged with capital murder, as per sec. 19.03. Part 2, which 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 (Texas Constitution and Statutes). As for the assault on the police officer, Mr. Dents will be charged with simple assault which is a third degree offense. Mr. Dents will also be charged with first-degree burglary in accordance with Texas penal code sec. 30.02 part D, which states any party to the offense entered the habitation with intent to commit a felony other than felony theft or committed or attempted to commit a felony other than felony theft (Texas Constitution and Statutes). For the remaining drug charges, Dents will be charged engaging in organized criminal activity under penal code 71.02 part 5. Mr. Dent was in possession of ecstasy at the time of his arrest.
