Running Head: PROSECUTING ARGUMENT PAPER 1 PROSECUTING ARGUMENT PAPER 3 Prosecuting Argument Paper Students Name Institutional Affiliation Kidnapping: State V. Stu Dent List the elements of the crime and facts that establish each element. Kidnapping is defined by Fla. Stat. § 787.01 as forcibly, secretly and by use of threat confining or imprisoning another person against his or her will and without any lawful authority or intent. The purpose with which Stu Dent confined the victim was to inflict bodily harm her, this is part of the intention that is described by the law. The law states that the victim’s state of mind is an important factor to consider before we can determine that one was kidnapped, in this case the victim was tested for drugs and it was proven that she was not under any drug influence at the time. So she was forcibly abducted against her will as the evidence shows there was some sort of struggle with the defendant before she was tied using ropes. We can see that the defendant had planned on forceful capture and detention of the victim against her will, he had it in his diary that he would buy a rope whose main purpose would be to tight the victim before he could move her five miles from their home. The detention occurred done against her will since she engaged in a form of struggle with the defendant; this is established by the fact that pieces of human skin were found underneath her finger nail. She was not under influence of drugs therefore we can eliminate any belief that she might have willingly accepted the forceful abduction. The defendant if proven guilty of the charge of kidnapping will be guilty of felony of the first degree. References Ray, G.(2012). Florida Kidnapping/Abduction Laws, Law Journal, Pg 23 Bernard, T.(2013). Legal Perspective, An American Law Article State vs. Stu Dents CJA/354 Version 4 1 University of Phoenix Material State v. Stu Dents Last year, on the mid-afternoon of October 18th, the defendant, Stu Dents, left his apartment on Main Street and drove to Broadway and 83rd. Two eyewitnesses say the defendant then walked through the Broadway Arms apartment building to his girlfriend’s apartment, number 156, and entered the apartment. It is unclear how the defendant entered the apartment, but no signs of force were evident. Witnesses could not say if the defendant used a key. The victim, Uma Opee, was not home at the time. Coworkers say Uma Opee was last seen when she left work at 5:10 p.m. The body of the victim was found October 19th at 7:45 a.m. behind an abandoned building approximately 5 miles from her residence. The victim was found with cloth stuffed in her mouth, her arms and legs tied with rope restraints, having been stabbed to death. Uma Opee worked at a music store within walking distance of her apartment. She had a previous criminal record that included shoplifting, drug possession and sale, assault, and disorderly conduct. Uma completed court-ordered rehabilitation just .

1. Running Head: PROSECUTING ARGUMENT PAPER
1
PROSECUTING ARGUMENT PAPER
3
Prosecuting Argument Paper
Students Name
Institutional Affiliation
Kidnapping: State V. Stu Dent
List the elements of the crime and facts that establish each
element.
Kidnapping is defined by Fla. Stat. § 787.01 as forcibly,
secretly and by use of threat confining or imprisoning another
person against his or her will and without any lawful authority
or intent. The purpose with which Stu Dent confined the victim
was to inflict bodily harm her, this is part of the intention that
is described by the law. The law states that the victim’s state of
mind is an important factor to consider before we can determine
that one was kidnapped, in this case the victim was tested for
drugs and it was proven that she was not under any drug
influence at the time. So she was forcibly abducted against her
will as the evidence shows there was some sort of struggle with
the defendant before she was tied using ropes.
We can see that the defendant had planned on forceful capture
and detention of the victim against her will, he had it in his
diary that he would buy a rope whose main purpose would be to
tight the victim before he could move her five miles from their
home. The detention occurred done against her will since she
engaged in a form of struggle with the defendant; this is

2. established by the fact that pieces of human skin were found
underneath her finger nail. She was not under influence of drugs
therefore we can eliminate any belief that she might have
willingly accepted the forceful abduction. The defendant if
proven guilty of the charge of kidnapping will be guilty of
felony of the first degree.
References
Ray, G.(2012). Florida Kidnapping/Abduction Laws, Law
Journal, Pg 23
Bernard, T.(2013). Legal Perspective, An American Law Article
State vs. Stu Dents
CJA/354 Version 4
1
University of Phoenix Material
State v. Stu Dents
Last year, on the mid-afternoon of October 18th, the defendant,
Stu Dents, left his apartment on Main Street and drove to
Broadway and 83rd. Two eyewitnesses say the defendant then
walked through the Broadway Arms apartment building to his
girlfriend’s apartment, number 156, and entered the apartment.
It is unclear how the defendant entered the apartment, but no
signs of force were evident. Witnesses could not say if the
defendant used a key. The victim, Uma Opee, was not home at
the time. Coworkers say Uma Opee was last seen when she left
work at 5:10 p.m.
The body of the victim was found October 19th at 7:45 a.m.
behind an abandoned building approximately 5 miles from her
residence. The victim was found with cloth stuffed in her
mouth, her arms and legs tied with rope restraints, having been
stabbed to death.

3. Uma Opee worked at a music store within walking distance of
her apartment. She had a previous criminal record that included
shoplifting, drug possession and sale, assault, and disorderly
conduct. Uma completed court-ordered rehabilitation just 2
months before her death.
The coroner determined that the victim was stabbed 13 times
and bled to death at approximately 11:45 p.m. the evening of
October 18th. Cuts and bruises were found on the victim’s body
as well as skin particles under her fingernails, signifying a
struggle had occurred prior to her death. DNA tests were
conducted on the skin particles under the victim’s fingernails
and matched the DNA samples of the defendant. A toxicology
report showed there were no drugs in the victim’s system at the
time of her death.
The victim’s apartment was found to have spots of blood on the
carpeting in the living room as well as rope particles matching
the rope used to tie the victim’s hands and feet. A blue MDMA
tablet, also known as ecstasy, with a “thumbs-up” imprint was
found under a table in the living room as well as powder
cocaine residue on the living room coffee table.
Upon a search of the defendant’s home, detectives found
ecstasy, cocaine, methamphetamine, and jewelry owned by the
victim among the defendant’s possessions. Among the jewelry
found was an inscribed ring with the victim’s name. The ring
was later identified by coworkers as a ring the victim wore on a
daily basis, including the day of her disappearance. A small bag
containing blue ecstasy tablets, with a “thumbs-up” imprint,
were found at the defendant’s residence, which matched the
tablet found at the victim’s residence. In a locked room toward
the back of the defendant’s home, police found a wall
completely covered with photographs of the victim. The photos
were of Uma Opee in various locations and situations. Some
photos appeared to have been taken without her knowledge.
Police estimated over 300 photographs of the victim were
stapled on the wall. Police also found love letters to the victim
and a journal that was started 6 months prior to the incident.

4. The journal included Stu Dents’ name inside the front cover
along with detailed events from his first meeting of the victim
up to the night prior to the murder. Entries discussed purchasing
rope, rags, and a sharp hunting knife “to fulfill [his] destiny.”
Many pages of the journal contained references to aliens, God,
and the end of the world. The journal entries stopped on
October 17th.
Enough evidence was obtained to make the arrest of Mr. Dents.
Officers located Stu Dents on October 21st at 8:45 p.m. at a
relative’s home. When police officers tried to take him into
custody, he began screaming about the end of the world and
aliens working in the police force. He was extremely agitated,
irrational, and combative. When Officer T. Chur began to
handcuff him, the defendant punched the officer in the face and
screamed, “Alien!” As officers subdued the defendant, he
repeatedly yelled, “I am God, let me go! I am God!”
The toxicology report of the defendant showed no trace of
illegal drugs at the time of arrest.
The state charges Stu Dents with the following:
· Homicide
· Assault of a police officer
· Kidnapping
· Burglary
· Crimes related to drugs
Assault on a Police Officer
North Carolina
An assault on a police officer over is considered a felony in
most states. Swinging the arms in a fight and hitting a police
officer is considered an assault. It could be a minor incident
that occurs while the officer is attempting to do their duties.
The job of a police officer is already dangerous, so they are less
likely to accept even minor incidents.

5. The state of North Carolina has two statutes in regard to assault
on law enforcement. GS_14-34.7 says that if a person assaults a
police officer while the officer is attempting to discharge their
duties and causes serious bodily injury, then it is a Class F
felony (North Carolina General Assembly, 2011). It is
considered a Class I felony if physical injury is imposed on the
officer. GS_14-34.2 talks about assaulting a police officer with
a firearm or any other type of deadly weapon. Those that
commit this crime are guilty of a Class F felony. In the state of
North Carolina a person charged with a Class I felony can
receive up to twelve months in prison; a Class F charge can
receive up to forty-one months in jail (Criminal Defense
Lawyer, n.d.).
References:
North Carolina General Assembly. (2011). GS_14-
34.7. Retrieved from
http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/
BySection/Chapter_14/GS_14-34.7.html
Burglary applies to many people with the idea that someone has
or will break into their home, car etc. In the state of California,
burglary is defined as the “entering a structure without the
owner or legal tenant’s permission”. California’s Penal Codes
458-464 contains two types of elements of the crime. They
consist of someone entering the property without the owner’s
consent and having the intent to commit a felony or steal from
the property. There are two type of burglary in California; First
Degree Burglary as well as Second Degree Burglary.
First Degree Burglary involves proof that in fact a crime was
executed in an inhabited building or structure where an
intention to steal or commit a felony. The law also states that
“regardless of whether the building or structure was inhabited at
the time, it’s still regarded as first degree offense if it’s

6. classified as a residential property” (California Penal Code,
Section 459). Second Degree Burglary typically occurs when
the offender illegally enters a commercial real estate or property
that is not a part of residential dwellings. Inhabited dwellings
consist of warehouses, stores and shops according to the Penal
Code 459. Second Degree offenses are often handled as a
misdemeanor which can be one year of imprisonment in the
County Jail and a $1000 maximum fine. Under a felony charge
however a person can be imprisoned for two to three years in
the California State Prison along with a $10,000 maximum fine.
Reference:
California Penal Code 459. (2013). Retrieved from
http://www.cmcdefense.com/california_penal_code_section_459