Your supervisor has asked you to create a training on homicide investigations for your coworkers. This training will be in two parts. Part 1: Classification of Homicides On one pa
Your supervisor has asked you to create a training on homicide investigations for your coworkers. This training will be in two parts.
Part 1: Classification of Homicides
On one page, create a table to be a job aid comparing the different types of homicides. The table template is attached for both parts.
Part 2: Case Analysis
In the second part of your training, you will analyze a closed homicide case in your community or as close to your community as possible (In the state of South Carolina). In 2 pages, summarize the investigation into your selected case. Your analysis should:
- Describe the circumstances surrounding the case.
- Summarize the key factors that may have been used to classify the type of death and the finding.
- Analyze the ways that various environmental factors may have influenced the medical examination and autopsy in this investigation.
- Identify the forensic methods that were reported in the investigation and their findings.
- This may include methods like DNA, toxicology, hair and fiber evidence, fingerprints, or any other methods which contributed to the investigation.
- Recommend one way that the investigators or forensic team could have strengthened their case based on your understanding of it.
- Cite three references.
- References may be news articles that pertain to the case, and other court cases or rules that are referenced in the case.
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Date and Time: Monday, August 8, 2022 10:54:00 PM EDT
Job Number: 176939815
Document (1)
1. S.C. Code Ann. § 16-3-20
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S.C. Code Ann. § 16-3-20
This document is current through 2022 Regular Session Act No. 148, not including changes and corrections made by the Code Commissioner.
South Carolina Code of Laws Annotated by LexisNexis® > Title 16. Crimes and Offenses (Chs. 1 — 27) > Chapter 3. Offenses Against the Person (Arts. 1 — 20) > Article 1. Homicide (§§ 16-3-5 — 16-3-95)
§ 16-3-20. Punishment for murder; separate sentencing proceeding when death penalty sought.
(A) A person who is convicted of or pleads guilty to murder must be punished by death, or by a mandatory minimum term of imprisonment for thirty years to life. If the State seeks the death penalty and a statutory aggravating circumstance is found beyond a reasonable doubt pursuant to subsections (B) and (C), and a recommendation of death is not made, the trial judge must impose a sentence of life imprisonment. For purposes of this section, “life” or “life imprisonment” means until death of the offender without the possibility of parole, and when requested by the State or the defendant, the judge must charge the jury in his instructions that life imprisonment means until the death of the defendant without the possibility of parole. In cases where the defendant is eligible for parole, the judge must charge the applicable parole eligibility statute. No person sentenced to life imprisonment pursuant to this section is eligible for parole, community supervision, or any early release program, nor is the person eligible to receive any work credits, education credits, good conduct credits, or any other credits that would reduce the mandatory life imprisonment required by this section. No person sentenced to a mandatory minimum term of imprisonment for thirty years to life pursuant to this section is eligible for parole or any early release program, nor is the person eligible to receive any work credits, education credits, good conduct credits, or any other credits that would reduce the mandatory minimum term of imprisonment for thirty years to life required by this section. Under no circumstances may a female who is pregnant be executed so long as she is pregnant or for a period of at least nine months after she is no longer pregnant. When the Governor commutes a sentence of death to life imprisonment under the provisions of Section 14, Article IV of the Constitution of South Carolina, 1895, the commutee is not eligible for parole, community supervision, or any early release program, nor is the person eligible to receive any work credits, good conduct credits, education credits, or any other credits that would reduce the mandatory imprisonment required by this subsection.
(B) When the State seeks the death penalty, upon conviction or adjudication of guilt of a defendant of murder, the court shall conduct a separate sentencing proceeding. In the proceeding, if a statutory aggravating circumstance is found, the defendant must be sentenced to either death or life imprisonment. If no statutory aggravating circumstance is found, the defendant must be sentenced to either life imprisonment or a mandatory minimum term of imprisonment for thirty years to life. The proceeding must be conducted by the trial judge before the trial jury as soon as practicable after the lapse of twenty-four hours unless waived by the defendant. If trial by jury has been waived by the defendant and the State, or if the defendant pleaded guilty, the sentencing proceeding must be conducted before the judge. In the sentencing proceeding, the jury or judge shall hear additional evidence in extenuation, mitigation, or aggravation of the punishment. Only such evidence in aggravation as the State has informed the defendant in writing before the trial is admissible. This section must not be construed to authorize the introduction of any evidence secured in violation of the Constitution of the United States or the State of South Carolina or the applicable laws of either. The State, the defendant, and his counsel are permitted to present arguments for or against the sentence to be imposed. The defendant and his counsel shall have the closing argument regarding the sentence to be imposed.
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S.C. Code Ann. § 16-3-20
(C) The judge shall consider, or he shall include in his instructions to the jury for it to consider, mitigating circumstances otherwise authorized or allowed by law and the following statutory aggravating and mitigating circumstances which may be supported by the evidence:
(a) Statutory aggravating circumstances:
(1) The murder was committed while in the commission of the following crimes or acts:
(a) criminal sexual conduct in any degree;
(b) kidnapping;
(c) trafficking in persons;
(d) burglary in any degree;
(e) robbery while armed with a deadly weapon;
(f) larceny with use of a deadly weapon;
(g) killing by poison;
(h) drug trafficking as defined in Section 44-53-370(e), 44-53-375(B), 44-53-440, or 44-53-445;
(i) physical torture;
(j) dismemberment of a person; or
(k) arson in the first degree as defined in Section 16-11-110(A).
(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 subitems (5) and (7) above with the intent to impede or retaliate against the official. “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.
(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.
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S.C. Code Ann. § 16-3-20
(12) The murder was committed by a person deemed a sexually violent predator pursuant to the provisions of Chapter 48, Title 44, or a person deemed a sexually violent predator who is released pursuant to Section 44-48-120.
(b) Mitigating circumstances:
(1) The defendant has no significant history of prior criminal conviction involving the use of violence against another person.
(2) The murder was committed while the defendant was under the influence of mental or emotional disturbance.
(3) The victim was a participant in the defendant’s conduct or consented to the act.
(4) The defendant was an accomplice in the murder committed by another person and his participation was relatively minor.
(5) The defendant acted under duress or under the domination of another person.
(6) The capacity of the defendant to appreciate the criminality of his conduct or to conform his conduct to the requirements of law was substantially impaired.
(7) The age or mentality of the defendant at the time of the crime.
(8) The defendant was provoked by the victim into committing the murder.
(9) The defendant was below the age of eighteen at the time of the crime.
(10) The defendant had mental retardation at the time of the crime. “Mental retardation” means significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior and manifested during the developmental period.
The statutory instructions as to statutory aggravating and mitigating circumstances must be given in charge and in writing to the jury for its deliberation. The jury, if its verdict is a recommendation of death, shall designate in writing, and signed by all members of the jury, the statutory aggravating circumstance or circumstances which it found beyond a reasonable doubt. The jury, if it does not recommend death, after finding a statutory aggravating circumstance or circumstances beyond a reasonable doubt, shall designate in writing, and signed by all members of the jury, the statutory aggravating circumstance or circumstances it found beyond a reasonable doubt. In nonjury cases the judge shall make the designation of the statutory aggravating circumstance or circumstances. Unless at least one of the statutory aggravating circumstances enumerated in this section is found, the death penalty must not be imposed.
Where a statutory aggravating circumstance is found and a recommendation of death is made, the trial judge shall sentence the defendant to death. The trial judge, before imposing the death penalty, shall find as an affirmative fact that the death penalty was warranted under the evidence of the case and was not a result of prejudice, passion, or any other arbitrary factor. Where a statutory aggravating circumstance is found and a sentence of death is not recommended by the jury, the trial judge shall sentence the defendant to life imprisonment as provided in subsection (A). Before dismissing the jury, the trial judge shall question the jury as to whether or not it found a statutory aggravating circumstance or circumstances beyond a reasonable doubt. If the jury does not unanimously find any statutory aggravating circumstances or circumstances beyond a reasonable doubt, it shall not make a sentencing recommendation. Where a statutory aggravating circumstance is not found, the trial judge shall sentence the defendant to either life imprisonment or a mandatory minimum term of imprisonment for thirty years. No person sentenced to life imprisonment or a mandatory minimum term of imprisonment for thirty years under this section is eligible for parole or to receive any work credits, good conduct credits, education credits, or any other credits that would reduce the sentence required by this section. If the jury has found a statutory
Page 4 of 65
S.C. Code Ann. § 16-3-20
aggravating circumstance or circumstances beyond a reasonable doubt, the jury shall designate this finding, in writing, signed by all the members of the jury. The jury shall not recommend the death penalty if the vote for such penalty is not unanimous as provided. If members of the jury after a reasonable deliberation cannot agree on a recommendation as to whether or not the death sentence should be imposed on a defendant found guilty of murder, the trial judge shall dismiss such jury and shall sentence the defendant to life imprisonment as provided in subsection (A).
(D) Notwithstanding the provisions of Section 14-7-1020, in cases involving capital punishment a person called as a juror must be examined by the attorney for the defense.
(E) In a criminal action in which a defendant is charged with a crime which may be punishable by death, a person may not be disqualified, excused, or excluded from service as a juror by reason of his beliefs or attitudes against capital punishment unless such beliefs or attitudes would render him unable to return a verdict according to law.
History
1962 Code § 16-52; 1952 Code § 16-52; 1942 Code § 1102; 1932 Code § 1102; Cr. C. ‘22 § 2; Cr. C. ‘12 § 136; Cr. C. ‘02 § 109; G. S. 2454; R. S. 109; 1868 (14) 175; 1894 (21) 785; 1974 (58) 2361; 1977 Act No. 177 § 1; 1978 Act No. 555 § 1; 1985 Act No. 104, § 1; 1986 Act No. 462, § 27; 1990 Act No. 604, § 15; 1992 Act No. 488, § 1; 1995 Act No. 83, § 10; 1996 Act No. 317, § 1; 2002 Act No. 224, § 1, eff May 1, 2002 (applicable to offenses committed on or after that date); 2002 Act No. 278, § 1, eff May 28, 2002; 2006 Act No. 342, § 2, eff July 1, 2006; 2007 Act No. 101, § 1, eff June 18, 2007; 2010 Act No. 273, § 21, eff June 2, 2010; 2010 Act No. 289, § 4, eff June 11, 2010.
Annotations
Notes to Decisions
Constitutional Law: Congressional Duties & Powers: Ex Post Facto Clause & Bills of Attainder: General Overview
Constitutional Law: The Judiciary: Case or Controversy: Constitutionality of Legislation: General Overview
Constitutional Law: The Judiciary: Case or Controversy: Ripeness
Constitutional Law: Bill of Rights: Fundamental Rights: Criminal Process: Assistance of Counsel
Constitutional Law: Bill of Rights: Fundamental Rights: Criminal Process: Cruel & Unusual Punishment
Constitutional Law: Bill of Rights: Fundamental Rights: Criminal Process: Right to Jury Trial
Constitutional Law: Equal Protection: Scope of Protection
Criminal Law & Procedure: Criminal Offenses: Crimes Against Persons: Assault & Battery: General Overview
Criminal Law & Procedure: Criminal Offenses: Crimes Against Persons: Domestic Offenses: Children: General Overview
Criminal Law & Procedure: Criminal Offenses: Crimes Against Persons: Kidnapping: General Overview
Criminal Law & Procedure: Criminal Offenses: Crimes Against Persons: Robbery: General Overview
Page 5 of 65
S.C. Code Ann. § 16-3-20
Criminal Law & Procedure: Criminal Offenses: Homicide: Murder: General Overview
Criminal Law & Procedure: Criminal Offenses: Homicide: Murder: Capital Murder: General Overview
Criminal Law & Procedure: Criminal Offenses: Homicide: Murder: Felony Murder: General Overview
Criminal Law & Procedure: Criminal Offenses: Homicide: Voluntary Manslaughter: General Overview
Criminal Law & Procedure: Criminal Offenses: Miscellaneous Offenses: Lesser Included Offenses: Homicide
Criminal Law & Procedure: Criminal Offenses: Property Crimes: Burglary & Criminal Trespass: General Overview
Criminal Law & Procedure: Criminal Offenses: Sex Crimes: Sexual Assault: General Overview
Criminal Law & Procedure: Accessories: Accessory Before the Fact
Criminal Law & Procedure: Juvenile Offenders: Sentencing: Capital Punishment
Criminal Law & Procedure: Interrogation: Voluntariness
Criminal Law & Procedure: Accusatory Instruments: Indictments: General Overview
Criminal Law & Procedure: Discovery & Inspection: General Overview
Criminal Law & Procedure: Discovery & Inspection: Brady Materials: General Overview
Criminal Law & Procedure: Preliminary Proceedings: Entry of Pleas: General Overview
Criminal Law & Procedure: Pretrial Motions & Procedures: Continuances
Criminal Law & Procedure: Pretrial Motions & Procedures: Joinder & Severance: Joinder of Defendants
Criminal Law & Procedure: Double Jeopardy: Double Jeopardy Protection: General Overview
Criminal Law & Procedure: Guilty Pleas: General Overview
Criminal Law & Procedure: Guilty Pleas: Enforcement of Plea Agreements
Criminal Law & Procedure: Guilty Pleas: Knowing & Intelligent Requirement
Criminal Law & Procedure: Guilty Pleas: Voluntariness
Criminal Law & Procedure: Counsel: Costs & Attorney Fees
Criminal Law & Procedure: Counsel: Effective Assistance: Sentencing
Criminal Law & Procedure: Counsel: Right to Counsel: Preliminary Proceedings
Criminal Law & Procedure: Juries & Jurors: Challenges for Cause: General Overview
Criminal Law & Procedure: Juries & Jurors: Challenges for Cause: Bias & Impartiality: Capital Cases
Criminal Law & Procedure: Juries & Jurors: Challenges to Jury Venire: Bias & Prejudice: General Overview
Criminal Law & Procedure: Juries & Jurors: Challenges to Jury Venire: Death Penalty: General Overview
Page 6 of 65
S.C. Code Ann. § 16-3-20
Criminal Law & Procedure: Juries & Jurors: Disqualification & Removal of Jurors: General Overview
Criminal Law & Procedure: Juries & Jurors: Jury Deliberations: General Overview
Criminal Law & Procedure: Juries & Jurors: Jury Deliberations: Deadlocked Juries
Criminal Law & Procedure: Juries & Jurors: Jury Deliberations: Directing Further Deliberations
Criminal Law & Procedure: Juries & Jurors: Jury Questions to the Court: Clarification of Instructions
Criminal Law & Procedure: Juries & Jurors: Province of Court & Jury: General Overview
Criminal Law & Procedure: Juries & Jurors: Voir Dire: General Overview
Criminal Law & Procedure: Juries & Jurors: Waiver of Jury Trial: General Overview
Criminal Law & Procedure: Jurisdiction & Venue: Jurisdiction
Criminal Law & Procedure: Trials: Closing Arguments
Criminal Law & Procedure: Trials: Closing Arguments: General Overview
Criminal Law & Procedure: Trials: Defendant's Rights: General Overview
Criminal Law & Procedure: Trials: Defendant's Rights: Right to Counsel: Constitutional Right
Criminal Law & Procedure: Trials: Defendant's Rights: Right to Due Process
Criminal Law & Procedure: Trials: Defendant's Rights: Right to Fair Trial
Criminal Law & Procedure: Trials: Defendant's Rights: Right to Remain Silent: Self-Incrimination Privilege
Criminal Law & Procedure: Trials: Motions for Acquittal
Criminal Law & Procedure: Trials: Motions for Mistrial
Criminal Law & Procedure: Witnesses: Criminal Records
Criminal Law & Procedure: Defenses: Coercion & Duress
Criminal Law & Procedure: Scienter: Specific Intent
Criminal Law & Procedure: Jury Instructions: General Overview
Criminal Law & Procedure: Jury Instructions: Particular Instructions: General Overview
Criminal Law & Procedure: Jury Instructions: Particular Instructions: Allen Charge
Criminal Law & Procedure: Jury Instructions: Particular Instructions: Deadlocked Juries
Criminal Law & Procedure: Jury Instructions: Particular Instructions: Unanimity
Criminal Law & Procedure: Jury Instructions: Particular Instructions: Use of Particular Evidence
Criminal Law & Procedure: Jury Instructions: Requests to Charge
Criminal Law & Procedure: Verdicts: General Overview
Criminal Law & Procedure: Verdicts: Unanimity
Page 7 of 65
S.C. Code Ann. § 16-3-20
Criminal Law & Procedure: Sentencing: Appeals: General Overview
Criminal Law & Procedure: Sentencing: Appeals: Capital Punishment
Criminal Law & Procedure: Sentencing: Appeals: Proportionality & Reasonableness Review
Criminal Law & Procedure: Sentencing: Capital Punishment
Criminal Law & Procedure: Sentencing: Capital Punishment: General Overview
Criminal Law & Procedure: Sentencing: Capital Punishment: Aggravating Circumstances
Criminal Law & Procedure: Sentencing: Capital Punishment: Bifurcated Trials
Criminal Law & Procedure: Sentencing: Capital Punishment: Cruel & Unusual Punishment
Criminal Law & Procedure: Sentencing: Capital Punishment: Death-Qualified Jurors
Criminal Law & Procedure: Sentencing: Capital Punishment: Mitigating Circumstances
Criminal Law & Procedure: Sentencing: Capital Punishment: Stays of Execution
Criminal Law & Procedure: Sentencing: Concurrent Sentences
Criminal Law & Procedure: Sentencing: Credits
Criminal Law & Procedure: Sentencing: Cruel & Unusual Punishment
Criminal Law & Procedure: Sentencing: Guidelines: Adjustments & Enhancements: Criminal History: General Overview
Criminal Law & Procedure: Sentencing: Guidelines: Adjustments & Enhancements: Criminal History: Prior Felonies
Criminal Law & Procedure: Sentencing: Imposition
Criminal Law & Procedure: Sentencing: Imposition: General Overview
Criminal Law & Procedure: Sentencing: Imposition: Evidence
Criminal Law & Procedure: Sentencing: Imposition: Factors
Criminal Law & Procedure: Sentencing: Imposition: Victim Statements
Criminal Law & Procedure: Sentencing: Mental Incapacity
Criminal Law & Procedure: Sentencing: Multiple Convictions
Criminal Law & Procedure: Sentencing: Plea Agreements
Criminal Law & Procedure: Sentencing: Proportionality
Criminal Law & Procedure: Sentencing: Ranges
Criminal Law & Procedure: Postconviction Proceedings: General Overview
Criminal Law & Procedure: Postconviction Proceedings: Imprisonment
Criminal Law & Procedure: Postconviction Proceedings: Parole
Page 8 of 65
S.C. Code Ann. § 16-3-20
Criminal Law & Procedure: Appeals: Reversible Errors: General Overview
Criminal Law & Procedure: Appeals: Standards of Review: General Overview
Criminal Law & Procedure: Appeals: Standards of Review: Abuse of Discretion: General Overview
Criminal Law & Procedure: Appeals: Standards of Review: Harmless & Invited Errors: General Overview
Criminal Law & Procedure: Habeas Corpus: Cognizable Issues: General Overview
Evidence: Hearsay: Exemptions: Confessions: General Overview
Evidence: Procedural Considerations: Exclusion & Preservation by Prosecutor
Evidence: Procedural Considerations: Weight & Sufficiency
Evidence: Relevance: Prior Acts, Crimes & Wrongs
Evidence: Testimony: Experts: Qualifications
Evidence: Testimony: Lay Witnesses: General Overview
Governments: Legislation: Interpretation
Governments: Legislation: Statutes of Limitations: Tolling
Constitutional Law: Congressional Duties & Powers: Ex Post Facto Clause & Bills of Attainder: General Overview
Where the Omnibus Criminal Justice Improvements Act amended former S.C. Code Ann. § 16-3-20 to prohibit prisoners convicted of murder from receiving work-release credits, good-time credits, or any other credit, such amendment was not an ex post facto law because work and good behavior credits were only cumulative indicia of an inmate’s positive attri
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