Murder in South Carolina law constitutes the intentional killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of South Carolina.
In the state of South Carolina, the common lawfelony murder rule is treated as an automatic aggravator for underlying felonies.[2] It is codified in SC Code § 16-3-20 but it is largely the creation of the state judiciary.[3][2] There are six underlying predicate felonies, five of which are traditional predicate felonies such as kidnapping, larceny, robbery, burglary and rape, as well as one nontraditional predicate felony, drug trafficking.[2] South Carolina is one of the few jurisdictions to require malice as an element for felony murder. The South Carolina Supreme Court recommended juries be permitted to infer the malice from some particular felonious purpose.[4] Co-felons are held liable in South Carolina for "any homicide that is the 'probable or natural consequence of the acts which were done in pursuance of this common design.'"[5]
^ abcFrancis, Traci Rose, "Availability Of The Felony-murder Rule Today: Equitable And Just Or Unfair And Excessive?" (2005). Electronic Theses and Dissertations, 2004-2019. 444. https://stars.library.ucf.edu/etd/444/.
^"2013 South Carolina Code of Laws :: Title 16 - Crimes and Offenses :: CHAPTER 3 - OFFENSES AGAINST THE PERSON :: SECTION 16-3-20. Punishment for murder; separate sentencing proceeding when death penalty sought". Justia Law. Retrieved February 26, 2021.
murder, south, carolina, constitutes, intentional, killing, under, circumstances, defined, people, within, under, jurisdiction, state, south, carolina, united, states, centers, disease, control, prevention, reported, that, year, 2020, state, sixth, highest, mu. Murder in South Carolina law constitutes the intentional killing under circumstances defined by law of people within or under the jurisdiction of the U S state of South Carolina The United States Centers for Disease Control and Prevention reported that in the year 2020 the state had the sixth highest murder rate in the country 1 Felony murder rule editIn the state of South Carolina the common law felony murder rule is treated as an automatic aggravator for underlying felonies 2 It is codified in SC Code 16 3 20 but it is largely the creation of the state judiciary 3 2 There are six underlying predicate felonies five of which are traditional predicate felonies such as kidnapping larceny robbery burglary and rape as well as one nontraditional predicate felony drug trafficking 2 South Carolina is one of the few jurisdictions to require malice as an element for felony murder The South Carolina Supreme Court recommended juries be permitted to infer the malice from some particular felonious purpose 4 Co felons are held liable in South Carolina for any homicide that is the probable or natural consequence of the acts which were done in pursuance of this common design 5 Penalties editOffense Mandatory sentencing Involuntary manslaughter Up to 5 years in prison Voluntary manslaughter 2 to 30 years in prison 6 Homicide by child abuse 20 years to life in prison Murder Death or 30 years to life imprisonment without the possibility of paroleReferences edit National Center for Health Statistics Homicide Mortality by State Centers for Disease Control and Prevention February 16 2021 Retrieved September 24 2021 a b c Francis Traci Rose Availability Of The Felony murder Rule Today Equitable And Just Or Unfair And Excessive 2005 Electronic Theses and Dissertations 2004 2019 444 https stars library ucf edu etd 444 2013 South Carolina Code of Laws Title 16 Crimes and Offenses CHAPTER 3 OFFENSES AGAINST THE PERSON SECTION 16 3 20 Punishment for murder separate sentencing proceeding when death penalty sought Justia Law Retrieved February 26 2021 Lowry v State 657 S E 2d 760 764 S C 2008 Guyora Binder Making the Best of Felony Murder 91 B U L REV 403 404 2011 Manslaughter Involuntary Voluntary nbsp This South Carolina related article is a stub You can help Wikipedia by expanding it vte nbsp This article about a criminal law topic is a stub You can help Wikipedia by expanding it vte Retrieved from https en wikipedia org w index php title Murder in South Carolina law amp oldid 1188866249, wikipedia, wiki, book, books, library,
