http://www.scstatehouse.gov/code/t16c003.php
SECTION 16-3-10. “Murder” defined.
“Murder” is the killing of any person with malice aforethought</font id=“red”>, either express or implied.
Definition of murder in SC does not include the phrase “premeditated”…
Wording is slight, but here is difference on Wikipedia:
First-degree murder: any intentional murder that is willful and premeditated</font id=“red”> with malice aforethought</font id=“red”>. Felony murder is typically first-degree.[12]
Second-degree murder: any intentional murder with malice aforethought</font id=“red”>, but is not premeditated or planned.[13]
Looking at the above two definitions, SC’s definition seems a lot closer to 2nd degree murder…
And, don’t you think the prosecutors would know what to charge with? I mean, they kind of do it a lot…
It really comes down to how SC interprets “malice aforethought”. If you run across my yard, and I decide that you are messing up my grass, and I go get my AR-15, put a magazine in and let you have it, is that malice aforethought in SC? How much time has to pass in SC to determine if it’s “malice aforethought”?
Now, I don’t disagree that this smells like “voluntary manslaughter” to me, but law is very technical…
quote:
Originally posted by skinneej
http://www.scstatehouse.gov/code/t16c003.php
SECTION 16-3-10. “Murder” defined.
“Murder” is the killing of any person with malice aforethought</font id=“red”>, either express or implied.
Definition of murder in SC does not include the phrase “premeditated”…
Wording is slight, but here is difference on Wikipedia:
First-degree murder: any intentional murder that is willful and premeditated</font id=“red”> with malice aforethought</font id=“red”>. Felony murder is typically first-degree.[12]
Second-degree murder: any intentional murder with malice aforethought</font id=“red”>, but is not premeditated or planned.[13]
Looking at the above two definitions, SC’s definition seems a lot closer to 2nd degree murder…
And, don’t you think the prosecutors would know what to charge with? I mean, they kind of do it a lot…
That’s for murder. There is no 1st or 2nd degree murder in South Carolina, that’s why I said it’s voluntary manslaughter.
Don’t only look at the part of Wikipedia that supports your argument:
https://en.wikipedia.org/wiki/List_of_punishments_for_murder_in_the_United_States#South_Carolina
quote:
Originally posted by skinneej
quote:
Originally posted by Edistodaniel
I don’t think he jumped out of the car with the intent to gun Scott down.
That's an invalid litmus test for "murder". It IS a valid litmus test for murder 1, but not for murder 2.
Hence my previous comment about it being voluntary manslaughter. There is no litmus test for murder 1 or murder 2 in south carolina, only murder or voluntary manslaughter. Come on…just admit it. I’m right 
I thought the same thing until I googled it.
quote:
Originally posted by skinneej
And, don’t you think the prosecutors would know what to charge with? I mean, they kind of do it a lot…
In South Carolina you can enter a lesser charge during the trial. They do that fairly regularly. Go for murder, as the case progresses they’ll introduce the lesser charge of voluntary manslaughter.
quote:
Originally posted by skinneej
And, don’t you think the prosecutors would know what to charge with? I mean, they kind of do it a lot…
In my opinion, they charged him with murder to appease the public…
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quote:
Originally posted by Edistodaniel
Hence my previous comment about it being voluntary manslaughter. There is no litmus test for murder 1 or murder 2 in south carolina, only murder or voluntary manslaughter. Come on…just admit it. I’m right
I thought the same thing until I googled it.
I still think you are wrong... I originally thought that "murder" means "pre-meditated", but then I looked up the definition and I see a grey area because SC doesn't define it as "pre-meditated". They only define murder as "malice aforethought".
In other words, I don’t think that this is “cut and dry” like I suggested earlier.
quote:
Originally posted by Edistodaniel
quote:
Originally posted by skinneej
And, don’t you think the prosecutors would know what to charge with? I mean, they kind of do it a lot…
In South Carolina you can enter a lesser charge during the trial. They do that fairly regularly. Go for murder, as the case progresses they’ll introduce the lesser charge of voluntary manslaughter.
They should have charged him with rape, sodomy, j-walking, grand larceny, attempted suicide, speeding, and not wearing a seatbelt too... You know, so he would plead down to involuntary manslaughter.
quote:
Originally posted by leadenwahboy
quote:
Originally posted by skinneej
And, don’t you think the prosecutors would know what to charge with? I mean, they kind of do it a lot…
In my opinion, they charged him with murder to appease the public…
Wadmalaw native
16’ Bentz-Craft Flats Boat
It's certainly possible, but that's not the job of the prosecution. If we throw charges at people to "appease the mob", then the justice system has failed and we need a mob to protest that.
I think it’s more likely that under letter of the law that “murder” is possibly (i.e. not ruled out as a possibility) a fitting charge (even though our own layman understanding of “murder” constitutes pre-meditation). My own personal belief is that “voluntary manslaughter” seems more appropriate, but that’s not what I am arguing.
Note that my point is to NOT claim that you are wrong. My point is that it’s not as “cut-and-dry” as people are on this thread are making it if you actually read the statute.
quote:
Originally posted by pitviper0404
quote:
Originally posted by Black Bart
quote:
Originally posted by DFreedom
Are you saying it should be murder?
“Apathy is the Glove into Which Evil Slips It’s Hand”, but really, who cares?
Not sure what the verdict will be, DFree, but what that “officer” did appeared to be pretty dang close to murder. That’s how it’d be viewed were it two civilians, rather than a LEO and a civilian. And you know better than any of us, Leo’s have to be held to a higher standard than the rest of the public.
“I’m not a hundred percent in love with your tone right now…”
Just keep in mind that there was a lot more going on than what we, the public saw in the video. Me personally, when I saw the video, I thought “(**(), that was uncalled for, he will burn for that!!”… But after listening to most of the trial, I can’t say that if I was sitting on the jury that I could say that I thought he was guilty beyond a reasonable doubt.
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Fair enough, and well said.
"I’m not a hundred per
quote:
It's certainly possible, but that's not the job of the prosecution. If we throw charges at people to "appease the mob", then the justice system has failed and we need a mob to protest that.
Think Baltimore.
“Apathy is the Glove into Which Evil Slips It’s Hand”, but really, who cares?
quote:
Originally posted by DFreedom
quote:
It's certainly possible, but that's not the job of the prosecution. If we throw charges at people to "appease the mob", then the justice system has failed and we need a mob to protest that.
Think Baltimore.
“Apathy is the Glove into Which Evil Slips It’s Hand”, but really, who cares?
Wrong way to think… Since when is it okay to compromise the justice system because we do what the mob wants? Isn’t that the basis of the “lynch mob”?
quote:
Originally posted by skinneej
quote:
Originally posted by Edistodaniel
Hence my previous comment about it being voluntary manslaughter. There is no litmus test for murder 1 or murder 2 in south carolina, only murder or voluntary manslaughter. Come on…just admit it. I’m right
I thought the same thing until I googled it.
I still think you are wrong... I originally thought that "murder" means "pre-meditated", but then I looked up the definition and I see a grey area because SC doesn't define it as "pre-meditated". They only define murder as "malice aforethought".
In other words, I don’t think that this is “cut and dry” like I suggested earlier.
Dude, i know you hate being wrong, but read what you wrote.
You said:
“That’s an invalid litmus test for “murder”. It IS a valid litmus test for murder 1, but not for murder 2.”
That is the only litmus test for murder in South Carolina. Murder 1 and murder 2 do not exist in the state of South Carolina. There’s murder, and then voluntary manslaughter. Regardless of whatever grey area you’re pivoting to, that part was wrong.
Now for grey area discussion, yeah there’s definitely some opinion about whether or not it’s murder or voluntary manslaughter. How long does there have to be malice and forethought? He may not have had that when he jumped out of the car, but at what point did he make the decision to shoot. He could have definitely had malice and forethought in the time it took Scott to get 18 feet away before he shot him 5 times in the back.
Jury returning to the courtroom now, it is not known whether a verdict has been reached yet?
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Update, Jury stated that they didn’t think they could come to a consensus. The judge ordered them back to the jury room to try more deliberations to see if they could reach a verdict.
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quote:
Originally posted by pitviper0404
Update, Jury stated that they didn’t think they could come to a consensus. The judge ordered them back to the jury room to try more deliberations to see if they could reach a verdict.
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What I was expecting
Boat drinks, Waitress I need 2 more boat drinks!
Jury still deadlocked.
“Apathy is the Glove into Which Evil Slips It’s Hand”, but really, who cares?
Note from jury Foreman not clear in meaning, so they are asking for clarification. It said there was one juror that had issues and supposedly that juror said he could not come up with a decision of guilty. So now they are communication with the jury Foreman to see if they are hopelessly deadlocked.
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Savage is getting pissed. The judge keeps sending the jurors back time after time,
’
Down here is where a signature goes but they can confuse and anger some people so I don’t have one.