Chapter Writing: recommendation of sentencing by prosecution

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[. . .] 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. When detectives searched the victim's apartment they found spots of blood on the living room carpet, as well as rope particles matching the rope used to tie the victim's hands and feet. Combined with the DNA evidence found under the victim's fingernails, the prosecution believed it had sufficient hard evidence to move forward with the case and charge the suspect, now an official defendant on trial, with homicide.

Drug Crimes

There is no overt evidence that the defendant had been trafficking. However, a small amount of drugs including a blue MDMA tablet (ecstasy), with a "thumbs-up" imprint was found under a table in the victim's living room as well as powder cocaine residue on the living room coffee table. There is no evidence the defendant had been trafficking cocaine. However, the prosecution believes the defendant had been providing the victim with the MDMA.

The prosecution also believed that the defendant could have been selling drugs but the facts of this case are not yielding sufficient evidence, especially since it was never revealed exactly the quantities of the controlled substances found in the defendant's home. It is certainly possible the victim was one of his buyers because upon search of the defendant's home, detectives found a small bag containing blue ecstasy tablets with a "thumbs-up" imprint. These tablets matched the tablet found at the victim's residence not just because of the "thumbs-up" imprint but also from laboratory testing. It is also possible that, given the defendant and victim knew each other, that the defendant had given the ecstasy to the victim as a gift. Also, detectives found cocaine and methamphetamine in moderate amounts -- barely enough to warrant the charge of possession with intent to traffic.

Given the severity of the felony murder and kidnapping charges, the prosecution is not seeking any additional sentencing specific to the drug crimes other than those mandatory in law for the possession of drugs. In Florida law, possession of moderate amounts of MDMA is classified as a third degree felony possession ("Florida Drug Possession Laws," n.d.). Third degree felony possession would account for about 10g of MDMA, and if the defendant did in fact have this amount in the small bag then about five years would be added onto the overall sentence. The other drugs were in small enough amounts to also warrant only a possession charge, and the prosecution asks that the psychiatric evaluation reveal the need for rehabilitative services. However, the drug crimes in this case may be far less heinous than the kidnapping and murder. Also, the defendant is in serious need of psychiatric intervention, and the prosecution recommends treatment. In a locked room toward the back of the defendant's home, police found a wall completely covered with photographs of the victim. Some photos appeared to have been taken without her knowledge as if the defendant had been stalking her. 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.

References

Florida Statutes: http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0784/Sections/0784.07.html

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0787/Sections/0787.01.html

"Florida Drug Possession Laws," (n.d.). FindLaw. Retrieved online: http://statelaws.findlaw.com/florida-law/florida-drug-possession-laws.html

"Florida First Degree Murder Laws," (n.d). FindLaw. Retrieved online: http://statelaws.findlaw.com/florida-law/florida-first-degree-murder-laws.html

"Florida Kidnapping Laws," (n.d.). FindLaw. Retrieved online: http://statelaws.findlaw.com/florida-law/florida-kidnapping-laws.html [END OF PREVIEW]

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APA Format

recommendation of sentencing by prosecution.  (2017, April 12).  Retrieved July 22, 2019, from https://www.essaytown.com/subjects/paper/recommendation-sentencing-prosecution/4151696

MLA Format

" recommendation of sentencing by prosecution."  12 April 2017.  Web.  22 July 2019. <https://www.essaytown.com/subjects/paper/recommendation-sentencing-prosecution/4151696>.

Chicago Format

" recommendation of sentencing by prosecution."  Essaytown.com.  April 12, 2017.  Accessed July 22, 2019.
https://www.essaytown.com/subjects/paper/recommendation-sentencing-prosecution/4151696.