Defense Team Paper

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Resource: University of Phoenix Material: State v. Stu Dents

Discuss the case as if you are part of the defense team in State v. Stu Dents and the defendant wants to plead insanity.

Write a 700- to 1,050-word paper in which you answer 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?

Format your paper consistent with APA guidelines.

NO PLAGIARISM

include reference page ,intext citations, title page etc

attached is the material

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State vs. Stu Dents CJA/305 Version 2 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 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. 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 1 State vs. Stu Dents CJA/305 Version 2 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 2
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Running Header: INSANITY DEFENSE

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Insanity Defense
Institutional Affiliation
Date

INSANITY DEFENSE

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In every trial, there is a presumption of competence once a charge has been drawn
against the defendant. A state of incompetence would have to be when the defendant has a
mental health condition which will make him incompetent to stand trial for the charges drawn
against him. Additionally, a person being competent to stand trial has to be a person who will
understand the charges drawn against him, the nature of the charges and will understand the
procedure which will be used during his trial (McCluskey, 2015).
In reference to the case State v. Stu Dents, the defendant shows that he may have
symptoms which show that he is not competent to stand trial for the charges which are
against him. Hence, as the defense team, we feel that the defendant is incompetent to stand
trial since, among the evidence collected in his house there was a journal which contains the
defen...


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