Posted on 04/17/2015 10:33:50 AM PDT by IChing
No degrees of murder in SC, just murder. Same for manslaughter, no distinction between voluntary/involuntary; just manslaughter.
See comment #94.
There are always distinctions or mitigating factors regardless of whether it is written into the charging statute. Many states do it differently but it generally ends up the same way whether it’s done in the trial or the sentencing phase.
If NC statutes are as you referenced, then a murder charge in this case is not a “overcharge” that might end in acquittal as some trials do.
If NC has no language in the charging statute, then it’s up to the judge during jury instructions to inform the jury exactly what the NC law allows them to consider to either reduce the sentence or increase it during the sentencing phase of the trial. (mitigating factors)
In a case like that, one could receive 5-10 years for murder.((whatever their minimums are, assuming they have guidelines or the judge has to determine them.
In any case, he will be charged and tried..and he’s likely to do some time for this. But I do not see this as a federal civil rights case....as much as they might like that to be so..
The end result is impossible to call, based on jury behavior. All the questions will be answered at the end of the sentencing or penalty phase.
Freeze-video image of Scott on top of Slager:
https://theconservativetreehouse.files.wordpress.com/2015/04/walter-scott-upper-hand.jpg?w=300&h=219
Because his boss says he lied.
Cops are also trained to preserve evidence and apparently how to manufacture evidence.
I wonder if anyone has insight about the following scenario: Suppose Slager, through his lawyer, offers to plead guilty to manslaughter, and the state rejects it. Then they go to trial for the murder charge, and the jury hangs or acquits. At that point can they convict him on a charge of manslaughter after they’ve already rejected his offer of a guilty plea to that?
Good question. Who gets to decide whether to include possible lesser charges, such as involuntary manslaughter? The judge? The prosecutor? The grand jury?
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