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The Charges in the Case of State vs. Stu Dent. Essay

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Updated: May 8th, 2022

In the case State vs. Stu Dents the following charges and the evidence were analyzed: homicide, assault of a police officer, kidnapping, burglary and crimes related to drugs. In the charge of homicide the evidence is as follows—the skin particles under the victim’s finger nails match the DNA that were acquired from the accused. This is seen as a sign of the struggle between the victim and the accused because there is no reason why the accused would want to voluntarily leave his skin particles under victim’s nail. The rope fragments with which the victim was bound were found in the victim’s apartment, together with blood traces. Numerous evidence from Stu Dent’s diary, confirms instances of him buying the tools necessary to carry out the homicide. Oklahoma defines homicide as “the killing of one human being by another.” This law is equally enforced in all the states throughout United States.

The assault of a police officer was witnessed by the other police officer and this fact was confirmed by their sworn testimony in front of the court. The law states that anyone commits assault upon police officer who without a justifiable cause knowingly assaults a police officer during the performance of the police officer’s duties. This law is the same for all the states as the work of a police officer is considered a public service and any interference, especially physical assault is not accepted.

The charge of kidnapping has been established on the following grounds: it is reasonable to conclude that the victim would not tie her own hands, go to a remote area and then inflict numerous stab wounds to herself. Her hands were tied and she was delivered to the place where she was found. The law states that anyone who without any authority seizes, confines, kidnaps, abducts or carries away another, with intent to cause the other person to be confined or imprisoned has committed the act of kidnapping. This is a very grievous offence as it deal with the rights and freedoms of another person and forcible confined is treated as a serious offence punishable by law.

Burglary is the next charge that is laid upon the accused. Its main points are: the perpetrator is armed with a dangerous weapon, which in this case was established to be a knife as blood traces were found in the apartment. And the next element is that the entry had to be unlawful into the place where another person resides and was not permitted, was accomplished through having false keys or by picking the lock. From the large quantity of photographs found in Stu Dent’s apartment it is clear that he was monitoring and following the victim. Upon his entrance into her apartment he already had an intention to commit a crime inside, making it deliberate and planned prior to his arrival at the apartment. The fact that Stu Dent had victim’s jewelry in his possession also point to the fact that his intentions upon entering her dwelling were criminal. The home of a person is their property and protection and the law is very strict with anyone who violates that right.

The charge in relation to drugs was laid after evidence was found in both victims and Stu Dent’s apartment. A blue ecstasy pill was in the victim’s home and upon the search of the apartment of the accused, police located a bag full of these “blue pills”. Also cocaine and methamphetamine were found on the same location. The law states that any use or possession of an illegal substance for personal use or for trafficking is considered an offence and is punishable by the full extent of the law.

Homicide rates in North Dakota are the highest out of all states. This points to the fact that this case would be considered one of many, with a high level of effectiveness in the police and court work and the treatment of individuals committing would be very strict.

References

Lippman, M. (2010). Contemporary criminal law: Concepts, cases, and controversies. (2nd ed.) Thousand Oaks, CA: Sage Publications.

Schmalleger, F., Hall, D. E., & Dolatowski, J.J. (2010). Criminal law today. (4th ed.) Upper Saddle River, NJ: Prentice Hall.

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