Purchase Solution

Conviction in Murder Cases

Not what you're looking for?

Ask Custom Question

Assume Jones has been convicted of murdering another person with an assault weapon in furtherance of street gang activity. The drug charge was dropped before the trial. He has one prior felony conviction and, under California law, that means if the Three Strikes law applies, it will double the sentence whatever it may be. The law provides for special sentences for enhancements of using an assault weapon, or a crime committed in furtherance of street gang activity. McBride is preparing his argument for the sentencing hearing and needs your assistance in calculating the worst and best case scenario given the charges.

Research and calculate the sentence for the charges against Jones and the likelihood he will get a suspended sentence or probation.

Purchase this Solution
Solution Summary

This solution gives you a detailed discussion on Conviction

Solution Preview

STEP 1
What crime he has been convicted of?
He has been convicted of murdering another person with an assault weapon in furtherance of street gang activity.
Can he be sentenced under the hate law? No he cannot be sentenced under the hate law that is out of the question.
CALIFORNIA Penal Code says no:
This material is from website http://caselaw.lp.findlaw.com
"190.03. (a) A person who commits first-degree murder that is a hate crime shall be punished by imprisonment in the state prison for life without the possibility of parole.
(b) The term authorized by subdivision (a) shall not apply unless the allegation is charged in the accusatory pleading and admitted by the defendant or found true by the trier of fact. The court shall not strike the allegation, except in the interest of justice, in which case the court shall state its reasons in writing for striking the allegation.
(c) For the purpose of this section, "hate crime" has the same meaning as in Section 422.55.
(d) Nothing in this section shall be construed to prevent punishment instead pursuant to any other provision of law ...

Purchase this Solution
Free BrainMass Quizzes
Criminal Defenses Review

Test your knowledge of the basics of criminal law and defenses with this quiz.

Contract Requirments

How much do you know about the legal requirements for a contract? Find out with this quiz!

Title VII

This Quiz pertains to the spectrum of Human Rights through Title VII

Title VII Laws

Learn the basics of the laws under Title VII.

Evidence

Do you know your evidence objections? Find out with this quiz!

View More Free Quizzes
Related BrainMass Solutions

  • Hypothesis : Wife defendent are less likely to be convicted

    196377 In spouse murder cases, wife defendants were less likely to be convicted than husband defendants A U.S.

  • Case Law Regarding Shoe Impressions as Evidence

    This is a 548 word document citing the three cases and explaining how shoe impressions submitted as evidence by the prosecution resulted in the conviction of the defendants.

  • Criminal Investigation of Amanda Knox and Michael Kay

    Summarize both the cases. Amanda Knox was accused of being involved in a murder of a fellow college student whom was her roommate.

  • Tennessee vs. Reeves Case

    Reeves, in which two 12 year old girls plotted to poison their teacher and were convicted of attempted 2nd degree murder.

  • Law and Evidence

    73773 Law and Evidence for Capital Cases Should circumstantial evidence be the sole basis for a conviction in capital cases? What is your stand on the use of inferences and presumptions? 1.

  • Death Penalty Policy and Supreme Court Cases impacting it.

    How has each of your selected cases related to the current U.S. death penalty policies? Would you seek the death penalty in the of police officer murder case? Would a cost analysis change your view of the death penalty? 1. Kennedy v.

  • Forensic Assessment in Death Penalty Cases

    580676 Forensic Assessment in Death Penalty Cases description of two issues and/or factors that add to the complexity of conducting forensic assessments in capital sentencing cases.

  • Conviction

    239154 Motion to be granted after conviction on murder is demonstrated. If I was standing in my front yard with a knife in hand it had blood all over it and someone call 911 and an officer approach me and asked me "what happened"?

  • Applications of the Scientific Mehtod in a Court Case Setting

    into how it relates to the guilty conviction of Earl Ray. 4: Analyze the various components of the trial and determine without a reasonable doubt that Earl Ray is guilty of murder.

View More Related Solutions