Defense Team Paper 4 Defense Team Paper Learning Team C believes that Stu Dents, the defendant is competent enough to stand trial because we believe that he is responsible for the murder of Uma Opee. The primary goal for the team is to prove he was aware that his actions were wrong from the beginning, both morally and illegally and also understood the consequences that accompany such an act of violence. Learning Team C does not believe that voluntary use of drugs has an effect on the condition of the mind of Stu Dents and there is not enough evidence to prove whether the defendant had used any drugs on the night in which the murder took place. The defendant has been keeping a journal all along until the day before the murder and it is believed that he kept the journal because he knew he would kill Opee at some time. When the time came for trial, he can use an insanity plea, and since there is not enough evidence against him then he might win the case (Caplan, 2009). The only thing he did was hit an officer in the face and called him an alien and claimed he was God. Under the state of California, there is no clear distinction between temporary and permanent insanity and the prime issue in the state of California is the condition or status of the defendant at the time of the crime. The process of determining insanity in the state of California is the Pronged M'Naghten rule. Under this rule, two conditions must be met to prove sanity of the defendant. These conditions are: 1. The requirement that the defendant understands the nature and quality of his or her act. 2. The need for the defendant to different between what is right and wrong. Any defendant who claims to have committed any crime and cannot meet the two-pronged above is declared to be statutorily insane. There were some changes in the state of the California concerning the testing of the insanity defense. The amendment passed in the year 1994, which is called Model Penal Code prohibits the California court from determining insanity by personality, adjustment disorder, addition, seizure disorder or abuse of drugs and substances. The amendment states that the person under the influence of any of the above-listed condition is not morally upright and thus it will cause confusion in differentiating between insanity or influence from any of the above conditions (Rogers, 2010). Any defendant who is found insane at the time of crime may be declared not guilty because of insanity and in other cases the defendant might be found guilty. The judgment will be less severe because of the mental impairment which influenced his or her actions at the time of the crime. Various steps ought to be taken so as to prove insanity of the defendant in the criminal law. Some of the steps include: 1. Examination: medical examination is critical in the case that involves insanity as this will show is the defendant is insane or not. Physical examination may also help as people who are insane tend to d.

1. Defense Team Paper
4
Defense Team Paper
Learning Team C believes that Stu Dents, the defendant is
competent enough to stand trial because we believe that he is
responsible for the murder of Uma Opee. The primary goal for
the team is to prove he was aware that his actions were wrong
from the beginning, both morally and illegally and also
understood the consequences that accompany such an act of
violence. Learning Team C does not believe that voluntary use
of drugs has an effect on the condition of the mind of Stu Dents
and there is not enough evidence to prove whether the defendant
had used any drugs on the night in which the murder took place.
The defendant has been keeping a journal all along until the day
before the murder and it is believed that he kept the journal
because he knew he would kill Opee at some time. When the
time came for trial, he can use an insanity plea, and since there
is not enough evidence against him then he might win the case
(Caplan, 2009). The only thing he did was hit an officer in the
face and called him an alien and claimed he was God.
Under the state of California, there is no clear distinction
between temporary and permanent insanity and the prime issue
in the state of California is the condition or status of the
defendant at the time of the crime. The process of determining
insanity in the state of California is the Pronged M'Naghten
rule. Under this rule, two conditions must be met to prove
sanity of the defendant.
These conditions are:
1. The requirement that the defendant understands the nature

2. and quality of his or her act.
2. The need for the defendant to different between what is right
and wrong.
Any defendant who claims to have committed any crime and
cannot meet the two-pronged above is declared to be statutorily
insane.
There were some changes in the state of the California
concerning the testing of the insanity defense. The amendment
passed in the year 1994, which is called Model Penal Code
prohibits the California court from determining insanity by
personality, adjustment disorder, addition, seizure disorder or
abuse of drugs and substances. The amendment states that the
person under the influence of any of the above-listed condition
is not morally upright and thus it will cause confusion in
differentiating between insanity or influence from any of the
above conditions (Rogers, 2010). Any defendant who is found
insane at the time of crime may be declared not guilty because
of insanity and in other cases the defendant might be found
guilty. The judgment will be less severe because of the mental
impairment which influenced his or her actions at the time of
the crime.
Various steps ought to be taken so as to prove insanity of the
defendant in the criminal law.
Some of the steps include:
1. Examination: medical examination is critical in the case that
involves insanity as this will show is the defendant is insane or
not. Physical examination may also help as people who are
insane tend to do weird things.
2. Psychological tests: it is also important to involve
psychologists in such cases since they are the professionals in
this field of insanity and thus important source in bringing out

3. the truth (Frandsen, 2011).
3. Testimonials: information of the criminal is also important,
and such information can be obtained from the family members,
friends, doctors or co-workers of the defendant. This is a group
of people who already have the information of the accused, and
they know the condition of the defendant whether he or she is
insane or not.
References
Schmalleger, PH.D., F., & Hall, J.D., ED.D., D. E. (2014).
Criminal Law Today (5th ed.). Retrieved from
https://phoenix.vitalsource.com/#/books/9781323102657/cfi/0!/
4/2/[email protected]:28.5.
Caplan, L. (2009). The insanity defense and the trial of John W.
Hinckley, Jr. DR Godine.
Frandsen, D. (2011). Two steps past insanity: The expression of
aggression in Death Metal music. Can I play with Madness.
Rogers, R. (2010). APA's position on the insanity defense:
Empiricism versus emotionalism. American Psychologist.
Week Five Worksheet
Version 2
2
Material
Week Five Worksheet
Answer the following questions.
1. Bold the law that correctly defines the Son of Sam law.
a. Legislation that prohibits criminals from contacting their
victims or their victims’ families

4. b. A law that prohibits a parent from testifying against his or
her son
c. Legislated rules prohibiting criminals from profiting from
their crimes through sales or publications of their stories to or
through the media
d. Laws that prohibit the press from releasing details of a
pending case
2. Identify two victim resources available locally and
nationally. Include the organization’s name and website, and a
summary of their services.
3. The ______________ Amendment states that excessive bail
shall not be required, nor excessive fines imposed, nor cruel and
unusual punishments inflicted.
4. This program was conceived in 1929 by the International
Association of Chiefs of Police to meet a need for reliable
statistics on crime in the nation. The program is now handled by
the FBI. Bold the correct answer.
a. Crime Statistics Bureau
b. Uniform Crime Reporting
c. Statistics and Crime Unit
d. The Program for Criminal Statistics
5. What termrefers to problems that follow from the initial
victimization, such as the loss of employment or inability to pay
medical bills? __________________________________
6. Where did victim-impact statements originate? Why were
victim-impact statements granted?
7. Locate a case that involves mitigating factors. Cite the case
and explain why the case had mitigating factors.

5. 8. Explain three-strikes legislation and include an example case
summary. Include a reference for the case.
9. How many U.S. states currently use capital punishment?
What forms of capital punishment are used?
10. What is the relationship between the Eighth Amendment and
capital punishment?
11. __________________________is an attempt to make the
criminal whole again and uses the restorative justice sentencing
model.
12. List three possible forms of court-ordered restitution:
13. ___________________ stem from prejudices against one’s
race, color, religion, national origin, ethnicity, sexual
orientation, physical disability, or mental disability.
14. Define the following:
a. Incapacitation:
b. Rehabilitation and restoration:
c. Concurrent and consecutive sentencing:
d. Plea bargaining:
e. Intermediate sanctions:
Grading Guide: Week 2 Team Paper
3
Grading GuideInsanity Defense Paper
This assignment is due in Week Two
Content
60 Percent

6. Points Earned
1.5/3
Discussed the case as if you were part of the defense team in
State v. Stu Dents and the defendant wanted to plead insanity.
Clearly answered the following questions as a team:
· Does your team feel this defendant is competent to stand trial?
Why or why not?
· What is required in your state for an insanity defense?
· What steps must be taken to prove insanity?
Did not clearly look at the case from the defense perspective
and respect your client’s wishes to proceed with an insanity
defense. Remember your personal opinion need not come into
play with the role assigned in the instructions!
Did not fully outline if the defendant was competent to stand
trial. Did not explore the legal rational needed for competency
hearings – i.e. can he aid his lawyers in his defense, understand
the proceedings and consequences, etc. This is before, separate
and distinct from any insanity defense that may be raised later
at trial. Make sure you understand the difference!It seems this is
the division among your teammates you mentioned at the end,
but you confused it with insanity.
Didexplain the law in a specific state for an insanity defense.
Did clearly outline the specific steps to prove insanity and
linked them back to said state.
Organization and Development
20 Percent
Points Earned

7. .5/1
· The paper is 700-1050 words in length.
· The paper is clear and organized; major points are supported
by details, examples, or analysis.
· The tone aligns with the assignment’s purpose and is geared
towards the appropriate audience.
· The paper provides relevant background on the topic and uses
visual aids appropriately and effectively.
· Team members participate according to Learning Team
Toolkit standards about individual and team performance.
· The paper is logical, flows, and reviews the major points.
Met the word count.
Your points were clearly organized and they were supported
them with proper details. Did always have a logical flow. Did
not give a clear introduction that was a roadmap for the paper
here or a conclusion of all the points contained with the paper.
Had one unified paper.
Did direct your ideas to the correct audience and used a formal
tone for most of the paper. Avoid the first person – I, we, etc. –
as well as using specific team member’s names or referring to
the team. Also, even if the team was divided you chose one
perspective to present as a unified project. No direct quotes
from team members should ever be included in formal papers.
Gave appropriate background information.
Did meet the standards for team and individual performance.
Mechanics and Format

8. 20 Percent
Points Earned
1/1
· The assignment file is presentable and functional.
· Rules of grammar, usage, and punctuation are followed;
spelling is correct.
· The paper—including the title page, reference page, tables,
and any appendixes—is consistent with APA guidelines.
Intellectual property is recognized with in-text citations and
references.
The file was functional. No grammar or editing issues.Did
properly format your paper. It should be in APA style (double
spaced, citations, etc.) Had a title page and a proper and
separate reference page. Did always properly cite your sources
within the text itself. You did list the state laws you referred to.
Remember you need to cite any outside work you use – even
your text – and even if it isn’t a direct quote. Please see the
CWE for how to cite your sources correctly if needed. For
example, APA citations never say “According to…” instead
they are in parenthesis following the sentence.
Total Percent
100%
Total Earned
3/5
Additional Comments:
Nice start. You met some of the substantive portions of the
paper well and several of the technical points. Continue to work
on your tone, point of view, introductions, and conclusions.

9. Thanks for posting on time!
Copyright © 2012 by University of Phoenix. All rights reserved.
Prosecuting Argument Team Paper
7
Prosecuting Argument Team Paper
The recent research shows an increase in crimes around the
globe, but the major concern is the differentiation of these
crimes since each crime has different areas of application and
punishment. Some states, an example is America has been
forced to combine rape, and statutory rape into one name of
criminal sexual conduct to execute punishment has it ought. In
this paper, we will address different types of crimes, their
elements and the punishment of each type of crime among many
states. We will also study a case study concerning Stu Dents
and the nature of the case filed against him. At the end of the
paper, we compare the prevalence and treatment of different
crimes in many states and highlight the states that have the
strict punishment for the crime.
Stu Dents has been charged with the murder of Uma Opee.
Opee was stabbed thirteen times, which caused her to bleed to
death and was found with a cloth in her mouth as well as several
cuts and bruises on her body indicating there had been a
struggle. The defendant had a key to the victim’s apartment
which he used to gain entry to Opee’s home, so there were no
signs of forced entry. DNA evidence under the victim’s

10. fingernails was a match to the defendant, which indicates he
may have been the last person to see Opee alive and proves
there was some struggle. The defendant kept a journal with
entries from the first meeting he had with the victim up until the
night before the murder occurred.
Dents had obsessive tendencies toward the victim that was
evident from all the journal entries, as well as the over 300
photographs found on the wall of his apartment. A blue pill,
known as ecstasy was found at the victim’s apartment under a
table and the same type of blue pill was also found at the
defendant’s home which was proven to be a match. There was
blood found in the victim’s home as well as rope particles, and
there was an entry in the defendant’s journal of his plans to
purchase rope, rags, and a sharp hunting knife to fulfill his
destiny.
The prosecution has more than enough evidence to prosecute
Stu Dents on the charges of homicide, assault on a police
officer, kidnapping, and burglary. The reasons prosecution
pushed for the charges Stu Dents fit the following areas from
evidence:
Homicide
Homicide is a criminal crime where one person kills another
human being. Homicide has four elements which are:
· Intent: this is the reason for which homicide is committed
since, for the act to happen, a person ought to think of the crime
before doing it. There is deliberation on which reasons brought
the action. Lastly, intent also occurs in an inverted manner.
· Act: this is the real action which led to the death of a person
through the hands of another one. It involves the reasons which
led to death or causing of the Act (Daly, 2010). This element
tries to find out the situation which resulted in the death and
any remedy if any were possible.
· Causation: this element concerns with the event which caused

11. the death of the victim. It aims at establishing that the person
who committed the crime is responsible and thus seeks to settle
any uncertainties.
· Sentence: this element is the last in homicide crime, and it
claims that if a person is found guilty, then the person must be
charged with felony sentence and jailed.
Assault of a Police Officer
· An act intended to create: this element requires that the
accused must act with the intention of creating a situation of
danger in the victim.
· Reasonable apprehension: the element seeks to provide a
reasonable belief that the defendant will harm the victims. It
attempts to apprehend the act by defendant.
· Imminent harm: the defendant ought to feel fear depending on
the threat which is immediately about to occur. The element
seeks to present future physical danger to the victim, and thus
words will not bring assault.
· Either offensive or harmful: the behavior of the defendant
should present a physical threat to the victim. Acting to slap the
victim by maybe an assault and this might be a result of
offensive behavior.
Kidnapping
· Unlawful taking of the victim: the act is executed by forcing
the victim and being taken against his or her will. The element
helps in differentiating with other acts which might be confused
with it (Noor‐Mohamed, 2014).
· Nefarious motive: this element tries to explain the purpose of
kidnapping as it cuts across the good intention.
Burglary
· Breaking and entry: Burglary is executed by the defendant
breaking into someone’s home and executing the crime. This
entry is unauthorized.
· Intent: this element requires a defendant that he or she enters a

12. structure and commits a crime. An intention, in this case, may
include fraud, assault or any other Act (Maguire, 2010).
In Alabama, for the charge of homicide, Stu Dents would be
facing the charge of murder (C.A.S. 13A-6-2). The charge of
assault on a police officer would be a combined offense under
second-degree assault. The charge of kidnapping would be
kidnapping in the first degree (C.A.S 13A-6-43). The charge of
burglary would be first-degree burglary (Ala Code §13A-7-5,
13A-7-6, 13A-7-7) (Pryor, 2001).
In California, Homicide refers to a scenario where one person
kills another. Non-criminal homicide is where one takes a life
of another in a manner that will not attract criminal sanctions
while criminal homicide is where wrongfully taking a life of a
person and it's punishable by the law (Daly, 2010). The criminal
justice system uses the court to determine the nature and the
type of crime, and then the punishment is passed. Stu Dents
would be facing a first-degree murder charge. The charge of
kidnapping would be aggravated kidnapping. Homicide is
punishable either by long-term jail sentence or death (Ferner,
2011). This law is more effective in Alabama as well as the
hardest punishment in the crimes. Assault of a police officer
may be charged as either a felony or misdemeanor, and this
entirely depends on the nature of the offense.
The State of California three options that will either be
imprisonment in state prison for a term of 25 years to life; life
imprisonment in state prison without the possibility of parole;
or death (though it should be noted that capital punishment is
currently suspended. The crime has the highest number of police
assault and thus the highest application of the law. In the State
of California, kidnapping is a felony, subjecting you to up to 8
years in the California state prison. Aggravated kidnapping is a
felony and carries a sentence of five years to life, depending on
the facts of the case. Kidnapping is a strike under California's

13. three-strike law; you must serve at least 85% of your sentence
before you are eligible for release. Burglary may be charged
with a felony or misdemeanor, and could be divided into “first-
degree burglary” and second-degree burglary.” First-degree
burglary is burglary of a residence. Second-degree burglary is
burglary of any other type of structure (including stores and
businesses).
In Colorado, for the charge of homicide, Stu Dents would be
facing murder in the first degree (C.R.S. 18-3-102). The charge
of assault on a police officer would be an assault on a police
officer (C.R.S. 18-3-203). The charge of kidnapping would be
kidnapping in the first degree (C.R.S 18-3-301, 18-3-302). The
charge of burglary would be burglary.
In North Carolina, for the charge of homicide, Stu Dents would
be facing a first-degree murder charge (§122C-3). The charge
of assault on a police officer would be a misdemeanor assault
charge. The charge of kidnapping would be kidnapping. The
charge of burglary would be the first-degree burglary because
the victim was present at the time of the burglary.
Stu Dent's case will be prosecuted in Colorado because the laws
allow the case to be the strongest. For the homicide portion, the
victim was stabbed thirteen times by the defendant and led to
deaths. DNA from the defendant was found under the victim’s
fingernails concerning the Colorado statute for murder. Assault
on a police officer that occurred during the defendant’s arrest
(when he punched the officer who was trying to cuff him) meets
the California statute for assault.
The kidnapping occurred because the victim was taken from her
home and was found with her hands and feet tied and particles
from the same type of rope were found in her apartment.
Burglary could include the fact that the defendant was seen
entering the victim’s apartment and the ring that belonged to the

14. victim was found in the defendant’s home. For the crimes
related to drugs would be drug possession charges because the
defendant had illegal drugs in his home and the pill that was
found in the victim’s apartment was also a match for drugs the
defendant had in his possession.
Conclusion
The rate at which crimes are raising in the globe is a bit
surprising and an action ought to be taken. The major
contributing factor for the rising crimes is unemployment, and
the government has the first responsibility of dealing with it by
providing employment to its people. The other factor that is a
lack of education to the population about the crimes and the
consequences of the same. Education should be provided to all
the population so as to shade light on crimes and help get rid of
it.
References
Alabama Burglary Charge. (2016). Retrieved from
http://www.bradfordladner.net/alabama-burglary-charge/
Alabama Code Title 13A. Criminal Code. § 13A-6-
2. (2017). Retrieved from http://codes.findlaw.com/al/title-13a-
criminal-code/al-code-sect-13a-6-2.html
Assault on an Officer in Alabama. (2017). Retrieved from
http://www.polsonlawfirm.com/alabama-assault-lawyer/assault-
on-an-officer/
Daly, M. (2010). Homicide. Transaction Publishers.
Ferner, R. E. (2011). Medication errors that have led to
manslaughter charges. BMJ: British Medical Journal.
Maguire, M. &. (2010). Burglary in a dwelling: The offence, the
offender, and the victim. London: London: Heinemann.
Noor, Mohamed, M. K. (2014). The definitional ambiguities of
kidnapping and abduction, and its categorization: the case for a
more inclusive typology. The Howard Journal of Criminal
Justice.
Pryor, E. S. (2001). Defense Lawyers' Professional
Responsibilities: Part II-Contested Coverage Cases.

15. Grading Guide: Week 3 Team Paper
2
Grading GuideProsecuting Arguments
This assignment is due in Week Two
Content
60 Percent
Points Earned
3/3
Discussed the case as if you were part of the prosecuting team
in State v. Stu Dents and developed a clear argument for his
guilt.
Listed the elements of each crime and facts that establish each
element.
Provided a specific law for each charge. Listed the state where
the law is effective. Each team member’s state was represented.
Included the state where your case would be the strongest.
Did start your paper from the prosecutions point of view.
Remember the defense represents Mr. Dents. The prosecution is
trying to seek justice for the state and the victim. Also, we have
now moved past his incompetence and insanity claims, so make
sure to incorporate that assumption in future papers.
Did give a concise list of the crimes to be indicted and the
elements within eachand directly relate them all back to the
facts of the case study.Did give me the actual statutes and then
apply these laws to the facts of the case.Expressed actual
comprehension in your own words.

16. Did directly show the charges from all members’ states and
clearly listed where the case would be the strongest overall.
Organization and Development
20 Percent
Points Earned
.75/1
· The paper is 700-1050 words in length.
· The paper is clear and organized; major points are supported
by details, examples, or analysis.
· The tone aligns with the assignment’s purpose and is geared
towards the appropriate audience.
· The paper provides relevant background on the topic and uses
visual aids appropriately and effectively.
· Team members participate according to Learning Team
Toolkit standards about individual and team performance.
· The paper is logical, flows, and reviews the major points.
Met the word count.
Did always organize your points clearly. Logical flow was
clearly present. No jumping around. Did not to just cut and
paste separate research but made it flow in one connected paper.
Did give nice details.
Did direct your ideas to the correct audience andalways used a
formal tone for most of the paper. Always avoid the first person
– I, we, my, our, etc.
Gave appropriate background information.
Did meet the standards for team and individual performance.

17. Did have a strong introduction and a similar conclusion that
showed a prosecutor’s perspective – the defendant is guilty of
x,y,z … the state will meet its burden…
Mechanics and Format
20 Percent
Points Earned
1/1
· The assignment file is presentable and functional.
· Rules of grammar, usage, and punctuation are followed;
spelling is correct.
· The paper—including the title page, reference page, tables,
and any appendixes—is consistent with APA guidelines.
Intellectual property is recognized with in-text citations and
references.
The file was functional. No grammar or editing issues. Did keep
your formatting uniform throughout. Had a title page and a
separate reference page. Did always properly cite your sources
within the text itself and at the end according to APA
guidelines. Please see the APA tips in the announcements
section or the CWE for more help on this area if needed.
Total Percent
100%
Total Earned
4.75/5
Additional Comments:
Great job! Continue the excellent teamwork. Just clean up your
tone throughout. Thanks for posting on time!

18. Copyright © 2012 by University of Phoenix. All rights reserved.
Ruling on State v. Stu Dents
2
1
Material
Ruling on State v. Stu Dents
In the case of State v. Stu Dents, the jury finds the defendant
guilty of the following:
· Homicide
· Assault of a police officer
· Kidnapping
· Crimes related to drugs (Be specific when creating a
sentencing proposal for this charge.)
For the charge of burglary, the defendant is not guilty due to
lack of evidence that the victim’s possessions were taken
without her permission.
Use this information as the basis for your sentencing proposal.
4
Sentencing Proposal (Preparation)
Sentencing Proposal (Preparation)

19. Sentencing Proposal
After analyzing the case of Stu Dents, we, as a team have
agreed that Stu Dents should be found guilty of first degree
murder. We have come to this conclusion due to the fact that
Stu Dents had pictures of the victim in his home prior to her
murder- a sign that he had been watching and obsessing over
her every move and this is when his plan began. It is noted that
there were no drugs found in the victim’s home nor in her
system and also there were none present in Stu Dents when he
was arrested. Before killing his victim, Mr. Dents also
committed burglary and kidnapped her-taking her against her
own will. This led us to believe that Stu Dents seems to have
planned out what he was going to do.
Having pictures of the victim all over his home proving an
ongoing obsession and his drug exams testing negative shows he
was not under that influence when he committed the murder and
had a clear mind. Stu Dents then committed assault on the
officer when he was being arrested and when he was arrested, it
became clear he did have some sort of mental illness.
First degree murder will only be part of his charge and sentence
to make sure that he is off the streets as soon as possible.
However, other charges should be brought against him such as
kidnapping and assault on an officer charges on top of what he
already has. Under Colorado law, Stu Dents can be sentenced to
a minimum life in prison sentence- this is excluding the
burglary, assault on an officer and kidnapping charges.
Mr. Dent’s case is one of many that are difficult because you
are dealing with offenders who are not mentally okay. Their
brains work differently and may lead them to commit crimes
they never thought they would do. Even though Stu Dents seems
to have a mental illness, the way he was acting made our team
better understand his main purpose was the death of the victim
which for more reasoning as a team we all agree this is the best

20. sentence for cases like this.
Notes from Professor,
Good job! Your sentencing proposal was very clear and you met
the word count. Your desired outcome was emphatically stated
and supported with facts. I like that you included the other
charges, but I would have liked to see a few intermediate
sanctions proposed - i.e. if you can't get the jury to agree to
life, what lesser included sanction would you offer? Also, what
would you offer on the other charges as your first and second
options? I also would have like to see your research/citations of
the state laws included within the text itself, including the
citations. Overall, a nice start to the final project.
References
Colorado Felony. (2017). Retrieved from
http://felonyguide.com/Colorado-Felony.php
Colorado Felony Colorado First-Degree
Murder. (2017). Retrieved from
http://statelaws.findlaw.com/colorado-law/colorado-first-
degree-murder.html