¶ … Sentencing Arguments
For the charge of homicide, the defendant was found guilty. There was no indication of whether the charges were for first or second degree homicide, but in this case we decided that given the heinous nature of the crime and the use of kidnapping/false imprisonment also, the homicide would have been logged as a first degree charge and sentencing will proceed accordingly. Unfortunately for Stu Dents, the defendant did not have an attorney who counseled for a mental health/insanity plea. Therefore, the state has no other option but to go by the books and suggest life imprisonment. The death penalty is currently under suspension in the state of California ("California First Degree Murder Laws," 2017).
The defendant was also found guilty of kidnapping, which in this case would have been aggravated kidnapping in the state of California. Given this kidnapping occurred in conjunction with a homicide, the same sentence (life in prison) will be recommended without a chance of parole. For the crime of assaulting a police officer, the defendant would receive an additional three years.
The defendant's drug crimes are ambiguous given no actual amounts are listed in the case summary. However, it is implied by the case that the defendant had the intent to sell and was possibly selling to or at least providing drugs to the victim of the crime. The defendant was convicted of the drug crimes after passing Prop 47, meaning that the amount might...
The desired outcomes would have been mental health treatment given the defendant's delicate mental state and apparent lack of having access to mental health services. This being the case, the desired outcome would be to prevent the defendant from harming himself or anyone else.
Intermediate or Alternative Sanctions
Ideally the defendant would have access to intermediate or alternative sanctions including mental health and drug
rehabilitation services. If the victim's
family is amenable, then a victim-centered approach might help, whereby the defendant makes amends through
reparations with the victim's family. If not, the defendant would be able to seek treatment within the
prison system but with access to alternative treatments including art therapy.
References
"California First Degree Murder Laws," (2017). Retrieved online: http://statelaws.findlaw.com/california-law/california-first-degree-murder-laws.html
