This discussion assesses your ability to clarify the role of each legally mandated attendee on the Individualized Education Program team. This assessment also supports your achievement of Course Learning Outcome….
What type of homicide charge would be most appropriate In this scenario, Luke Roberts was shot in the head while Liam O’Neil was pistol whipped in the back of the head
Using at least 100 words, please respond to the following post:
What type of homicide charge would be most appropriate, given the facts presented to you?
In this scenario, Luke Roberts was shot in the head while Liam O’Neil was pistol whipped in the back of the head.In accordance with Utah code 76-5-202, the most appropriate sentencing would be aggravated murder (76-5-202 Aggravated Murder, 2019).Under Utah’s Code for aggravated murder, it must meet certain criteria in order to be considered.Under Utah’s code, homicide was committed while an aggravated robbery was in progress (76-5-202 Aggravated Murder, 2019).That means that suspect 1 used/brought a weapon that was used in a manor in which caused the death of one Liam O’Neil.
Will their charges be the same?
No, not all charges would be the same.Both suspects would be charged with aggravated robbery but Steve Chapman (suspect 1) would be charged with aggravated murder.Although, Hopinks (suspect 2) did not shoot/kill Mr. O’Niel, he was still at the scene of the murder and could be charged as an accomplice.
Elaborate on the probable cause. Explain your answer.
Mr. O’Neil was able to give an accurate description of both suspects as well as the car the suspects were driving.That alone would give enough probable cause in order to stop the vehicle.The information came from the victim himself.As far as having probable cause to search the house, Mr. Hopkins said that the items stolen and the gun used in the murder were at his house and give an accurate location of where the gun was hiding.The police did a great job obtaining a search warrant even though Mr. Hopkins stated that he did not want the officers to search his place of residency.
What other crimes have the suspects committed?
Aggravated assault is another crime that was committed in this crime.Mr. O’Neil was pistol whipped in the back of the head.Aggravated assault in Utah is defined as,” an attempt, with unlawful force or violence, to do bodily injury to another.” (76-5-102 Aggravated Assault–Penalties, 2015).The suspects could also be charged with theft if aggravated robbery does not work in the courts favor.The fact that the suspects were felons prior to committing this crime and carrying a firearm even though there is a criminal background for drugs and alcohol.It would depend if they prior crimes were considered felonies or just misdemeanors.
What is your basis for these additional charges?
As stated above, a pistol was used in order to harm one of the victims as well as kill another.That alone is the definition of aggravated assault according to the state of Utah.It is illegal for a convicted felon to carry or own a firearm.That’s another charge that both suspects would be charged with.The suspects could also be charged with theft depending on how the courts decided to levy the charges.
76-5-102 Aggravated Assault–Penalties . (2015, May 09). Retrieved from Utah State Legislature: https://le.utah.gov/xcode/Title76/Chapter5/76-5-S1…
76-5-202 Aggravated Murder . (2019, July 01). Retrieved from Utah State Legislature: https://le.utah.gov/xcode/Title76/Chapter5/76-5-S2…