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Sentencing Proposal FINAL

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Sentencing Proposal
Learning Team A
CJA / 354
May 3rd, 2015
Paul Croushore

My team and I believe there was a crime committed and at some point the defendant was in the victims home and stole some of her property. There was a fight or struggle of some sort because the victim has the defendants skin under her fingernails. Drugs were found in both party’s apartments, blood stained the carpet and rope was discovered in the victims’ apartment, which was used to tie the victim up at some point. In the defendants home a journal was discovered with strange journal entries talking about God’s work and purchasing rope, rags and a hunting knife to fulfill his destiny. 300 photos were hung all over the wall and the defendant was talking about being God and about aliens. If you want to charge the defendant with murder you need physical proof my client murdered the victim. Yes, we realize the evidence may point to the defendant committing the crime and maybe he did kill Miss Opee but at this time we do not know for certain. Even though we have all this evidence against Mr. Dents, the only real solid evidence you have is the skin under the fingernails. We do not know if that came from a struggle, a fight, she could have slapped him for some reason or it could have even been from a consensual sexual encounter between the two of them. You did not find a murder weapon, so it will be a tough case to prove he murdered her. In our opinion I believe he should have a psych evaluation administered to even determine if he is able to stand trial based on his mental status. Pending the results the defendant should either be released on bail until the trial or if he is found to be not in a state of mind to stand trial, he should be sent to a hospital to get the mental help he needs. Once he is released from the mental hospital, and there is evidence that his health has improved and he is able to stand trial, at that moment we can put him in front of a jury of his peers, and let them hear the case and decide on his fate.

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