Running head: PROSECUTING ARGUMENT AND INSANITY DEFENSE

Prosecuting Argument and Insanity Defense

Team B
CJA/305
April 6, 2015
Timothy Walsh

PROSECUTING ARGUMENT AND INSANITY DEFENSE

Prosecuting Argument and Insanity Defense

There are many factors to consider when handling crimes and punishments. Various
components are taken in to consideration regarding crimes such as, the state where the crime
took place, the penalty for the punishment, and how the state registers such a time in the
punishment phase. The case explored in this paper consists of State vs. Stu dents. This case
involves homicide, kidnapping, assault on a police officer, burglary and crimes related to drugs.
The prosecution will introduce their case and explain each fact that establishes each element. The
defense will argue if the defendant is fit to stand trial. Defense will provide the requirements that
are specific to relevant states to be able to plead an insanity defense. Furthermore, the defense
will provide explanations that are necessary to prove insanity.
Prosecution
In State Vs Stu Dents, Stu Dents is charged with Homicide, Kidnapping Assaulting an
officer, Crimes related to drugs. The following summary has led to the current charges:
On Oct 18th of last year Stu Dents was observed by two eye witnesses entering apartment
number 156 at Broadway Apartments located on Broadway and 83. Said premises belonged to
girlfriend, Ms. Uma Opee. Ms. Opee did not appear to be home at the time eye witnesses
claimed to have seen her leave at 5:10 pm. There were no signs of forced entry indicated and
witnesses did not see Stu Dents use a key to enter the premises. The body of the victim was
found on October 19th at 7:45 am. The victim had cloth stuffed in her mouth, her arms and legs
tied with restraints, having been stabbed to death.
The coroner determined that the victim had been stabbed to death and bled out at11:45
pm the evening of October 18th. Cuts, bruises, skin particles, rope particles, various forms of
circumstantial evidence, as well as DNA were found in the victim's apartment. Upon searching

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Stu Dents home various articles including rope, drugs that were linked to victims apartment,
jewelry, photographs, notes, and a list of items needed to carry out a plan of intent were found.
DNA was traced back to Stu Dents, who at the time of arrest assaulted the charging officer and
called the officer an alien. Following various tests, no drugs were found to be in the system of Su
dents.
Every state has their own laws and punishments in regards to all crimes. In New York the
defendant could receive up to 15 years in prison for a homicide. Assault of an officer is
considered to be a class C felony and burglary is a 2nd degree class C felony. Kidnapping is a
class A-1 felony and selling drugs to a child is a class b felony. In Nevada, the defendant could
face the death penalty for a homicide. Assault of a police officer is punishable by 1 year in jail
and/or a fine of up to $2,000 if it is without a weapon, but 1 to 6 years in prison and/or a fine of
up to $5,000 if it is with a weapon. If the defendant is convicted of two or more petit larceny
charges within 7 years in, it is classified as a felony. If the victim suffered bodily harm in a
kidnapping case the defendant could receive life without the possibility of parole. Possession in
Nevada receives 1 to 6 years of imprisonment and a $5,000 fine; sale of illegal drugs receives 1
to 20 years of imprisonment and a $20,000 fine and trafficking 4-14 grams receives 1 to 6 years
and a $50,000 fine.
Maine classifies homicide as a class C felony and burglary as a class A if armed and class
B if armed with a weapon that is not a firearm. Kidnapping could receive a fine up to $50,000
and 13 years in prison if it is a class A, or $20,000 and up to 13 years in prison if it is a class B.
Unlawful trafficking in scheduled drugs is a class B or C felony in Maine. In the District of
Columbia the defendant would receive no less than 30 years of imprisonment for a homicide.
Assaulting a police officer would receive no more than 180 days in jail and/or a fine. Burglary

PROSECUTING ARGUMENT AND INSANITY DEFENSE

receives a sentence between 5 and 30 years of imprisonment. Kidnapping and drug related
crimes both receive no more than 30 years of imprisonment in the District of Columbia.

Homicide, or 1st degree murder, is a very serious offense in Texas where it is called Capital
Murder. Although it may be harder to charge a defendant with capital murder, in Texas it carries
a very hefty punishment making Texas the state where this law is most effective. Generally
speaking, the sentence for a capital felony in Texas is either death or life in prison without the
possibility of parole (FindLaw, 2015). In this case the defendant could be charged with
Capital Murder because the defendant intentionally committed the murder while also committing
kidnapping and burglary. Having to serve anywhere between 10-30 years of imprisonment for
assaulting a police officer is a good deterrent for this type of crime in New York. In the state of
Nevada, anyone who commits this type of kidnapping, where the victim was murdered, is guilty
of kidnapping in the first degree. This is a category A felony (Nevada Revised Statutes, 2015)
and could be sentenced to life, which is one of the harshest sentences for this crime.
However, in the state of Maine, kidnapping charges are usually a Class A crime but can
be dropped to a Class B if the defendant releases the victim alive and not seriously harmed any
time before the trial. Although this would be a lessor punishment, it is a good incentive for the
abductor to release the victim alive and unharmed, which is something that is always hoped for
but not always achieved in a kidnapping case. In D.C., breaking and entering of a home or
apartment is classified as burglary in the first degree. The defendant would have to serve no less
than 5 years but not more than 30 years of imprisonment. D.C. is also very strict when it comes
to drug related crimes as well. Someone convicted of a drug related crime in D.C. can receive up
to 30 years of imprisonment if they make, distribute, or possess a controlled substance that is

PROSECUTING ARGUMENT AND INSANITY DEFENSE

classified in Schedule I or II that is an abusive drug or narcotic. D.C. does show leniency towards
a defendant who is convicted for the first time for possessing a controlled substance, by placing
them on probation without entering a guilty judgement.
Insanity Defense
As the defense team for the State v. Stu Dents, we believe Stu Dents is competent to
stand trial. Dents is competent to stand trial because he understands the purpose of the legal
proceedings and the charges against him if convicted. He is also able to cooperate with his
defense counsel. State courts exercise one of the several established legal tests to conclude
whether the defendant was insane at the time of the crime or falsifying it. These include the
M'Naghten Rule; the Irresistible Impulse Test; the Durham Rule; and the Model Penal Code test
("The "MNaghten" Test for Legal Insanity - FindLaw", 2014). Nevada and Texas use the
M'Naghten Rule, which is a test that is exercised to determine insanity in these states. There are
two characteristics of the Mnaghten Rule: the defendant did not understand the crime they
committed and the defendant does not have the ability to differentiate right from wrong.
The states of New York, District of Columbia, and Maine use the Model Penal Code
Rule. This means a criminal defendant must be found not guilty by reason of insanity if he is
diagnosed with a relevant mental defect such as severe mental retardation or schizophrenia
disorder. Defendant is also found not guilty if at the time of the incident he was unable to either
appreciate the criminality of his conduct or conform his conduct to the requirements of the law
("The "Model Penal Code" Test for Legal Insanity - FindLaw", 2014). However, all five states
believe the burden of proof is on the defendant. If the defendant fails to pass the established legal
test, he/she will be denied for the insanity plea even if he/she claims to be insane at the time of
the incident.

PROSECUTING ARGUMENT AND INSANITY DEFENSE

Conclusion
The state that would best compliment the prosecutions strategy is D.C. because most of
their laws concerning the crimes committed by Mr. Dents are very strict. As far as the defenses
strategy, it would be wise to make their case in the state of Maine. Maines laws seem to be a bit
more lenient than the other states discussed. The crimes committed by Mr. Dents are extremely
heinous and the defense would have a hard time proving that he was not guilty by reason of
insanity before or after the crimes were performed. Mr. Dents days as a free man will no longer
be known to him.

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References
FindLaw. (2014). The Model Code test for legal insanity. Retrieved from
http://criminal.findlaw.com/criminal-procedure/the-model-penal-code-test-for-legalinsanity.html#sthash.Pawu8VIo.dpuf
FindLaw. (2014). The insanity defense among the states. Retrieved from
http://criminal.findlaw.com/criminal-procedure/the-insanity-defense-among-thestates.html
FindLaw. (2014). The" M'naghten Rule" test for legal insanity. Retrieved from
http://criminal.findlaw.com/criminal-procedure/the-mnaghten-nrule-for-legalinsanity.html#sthash.Pawu8VIo.dpuf
FindLaw. (2015). Texas first degree murder law. Retrieved from
http://statelaws.findlaw.com/texas-law/texas-first-degree-murder-laws.html
Nevada Legislature. (2015). Nevada revised statutes. Retrieved from
http://statelaws.findlaw.com/texas-law/texas-first-degree-murder-laws.html
dccode. (2014, August 12). Code of the District of Columbia. Retrieved from
http://dccode.org/simple/sections/22-801.html

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Contributions by Each Member
Susanna Diaz: paragraphs 1-3
Julia Jewett: paragraphs 4-7
Moinee Wade: paragraphs 8-9
Shanicqua Meyers: conclusion and editing