Edward Mandolang Period 5 October 31, 2012 People v. Jones: Closing Argument Assignment In the People v.

Jones case, after Adam Jones told Jared Smith that he was going to get him, Jones pulled out in front of Smith what appeared to be a nine-millimeter pistol, and ordered him to get on his knees. Jones placed the pistol to the back of Smiths head after saying, say your prayers because you are gonna die, leading Smith to believe that Jones would shoot, and take his life away. After Jones shot the pistol, Smith realized the pistol was just a cap gun, and that he had just gotten punked. Adam Jones committed the crime of assault against Jared Smith because of four elements of assault. The first element, an unlawful attempt; the second element, present ability to harm; the third element, committing an injury against the person of another; and the fourth element, the use of a weapon. Only one of these elements had to be present, and Jones had four. Adam Jones should be punished by imprisonment in the state prison for three years, for his assault on Jared Smith. The first element, an unlawful attempt, is any attempt not protected by law. Jones committed an unlawful attempt when he tried to emotionally harm Smith by scaring him with his cap gun, making Smith believe that his life was over. Jones pointed the cap gun and the back of Smiths head. Jones he tried to harm Smith emotionally, which counts as a harm. Therefore, Jones tried an unlawful attempt. The second element, the present ability to harm, is when it appears to a reasonable person that you could actually harm someone. Jones filled this element because he ordered Smith over the ground, giving him an advantage if he were to harm Smith. Not only that, but Jones had a cap gun, which he could use to beat Smith with as Smith knelt on the ground. Any reasonable person would know that Jones could easily harm Smith. The third element, committing an injury against the person of another, is the use of force to harm someone. Jones said to Smith say your prayers because you are gonna die. Smith did not know that Jones was just holding a cap gun, and he thought he was going to die. This emotionally injured Smith. Jones committed an injury against the person of Smith, filling the third element of assault. The fourth element, the use of a weapon, is using any object that can cause great bodily harm. Although Jones was not using an actual gun, he could have used the cap gun to beat Smith on the ground. The cap gun was an object that could be used to cause great bodily harm, and because of that, Jones filled the fourth element of assault. Adam Jones committed an assault against Jared Smith, as proved with four elements of assault. He attempted an unlawful action, had the present ability to harm Smith, committed an injury against the person of Smith, and used a weapon against Smith. Because of Joness actions of assault, I ask that you, the jury, plead Jared Smith, guilty of assault.