Capital punishment in South Carolina

Capital punishment is a legal penalty in the U.S. state of South Carolina. It has executed 43 people since 1976.

Legal process

When the prosecution seeks the death penalty, the sentence is decided by the jury and must be unanimous.

In case of a hung jury during the penalty phase of the trial, a life sentence is issued, even if a single juror opposed death (there is no retrial).[1]

The governor has the power of clemency with respect to death sentences.[2]

The method of execution is lethal injection, unless the condemned requests to be electrocuted. Electrocution is also authorized in the event that lethal injection is found unconstitutional by a court.[3]

Capital crimes

Murder can be punished by death if it involves one of the following aggravating factors:[1]

  1. The murder was committed while in the commission of the following crimes or acts: criminal sexual conduct in any degree; kidnapping; trafficking in persons; burglary in any degree; robbery while armed with a deadly weapon; larceny with use of a deadly weapon; killing by poison; drug trafficking; physical torture; dismemberment of a person; or arson in the first degree.
  2. The murder was committed by a person with a prior conviction for murder.
  3. The offender by his act of murder knowingly created a great risk of death to more than one person in a public place by means of a weapon or device which normally would be hazardous to the lives of more than one person.
  4. The offender committed the murder for himself or another for the purpose of receiving money or a thing of monetary value.
  5. The murder of a judicial officer, former judicial officer, solicitor, former solicitor, or other officer of the court during or because of the exercise of his official duty.
  6. The offender caused or directed another to commit murder or committed murder as an agent or employee of another person.
  7. The murder of a federal, state, or local law enforcement officer or former federal, state, or local law enforcement officer, peace officer or former peace officer, corrections officer or former corrections officer, including a county or municipal corrections officer or a former county or municipal corrections officer, a county or municipal detention facility employee or former county or municipal detention facility employee, or fireman or former fireman during or because of the performance of his official duties.
  8. The murder of a family member of an official listed in sub-items (5) and (7) above with the intent to impede or retaliate against the official.[4]
  9. Two or more persons were murdered by the defendant by one act or pursuant to one scheme or course of conduct.
  10. The murder of a child eleven years of age or under.
  11. The murder of a witness or potential witness committed at any time during the criminal process for the purpose of impeding or deterring prosecution of any crime.
  12. The murder was committed by a person previously ruled a sexually violent predator.

See also

References

  1. 1 2 "Section 16-3-20. Punishment for murder; separate sentencing proceeding when death penalty sought.". law.justia.com. Retrieved June 4, 2016.
  2. ↑ "Article IV Executive Department". law.justia.com. Retrieved June 4, 2016.
  3. ↑ "Section 24-3-530. Death by electrocution or lethal injection.". law.justia.com. Retrieved June 4, 2016.
  4. ↑ "Family member" means a spouse, parent, brother, sister, child, or person to whom the official stands in the place of a parent or a person living in the official's household and related to him by blood or marriage.
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