Introduction
Murder is considered to be the second most serious offense after treason in the whole world. As a result, any person who is convicted of murder is likely to face severe punishment that sometimes includes death. South Carolina is one of the states in the USA that impose harsh sanctions against persons convicted of murder. It is estimated that there are about 366 murder cases in South Carolina annually. To reduce murder cases, the state defines murder offense in two major statutes that include Section 16-2-10 and Section 16-2-20 of the law. The statutes define what constitutes murder and the possible punishment for people convicted of the crime (South Carolina Legislature, 2017).
The Current Elements of the Crime
Section 16-2-10 and Section 16-2-20 of South Carolina defines murder as a crime that involves the killing of another person through malice aforethought (South Carolina Legislature, 2017). The malice aforethought ensures that person is not only charged with murder when he possesses the ill will or hate for the victim but also through general recklessness that ends the life of the affected individual. Therefore, all that is needed for a person to be charged with murder is when he conceived the design to cause an assault, violent act or battery to the victim who finally dies. Therefore, South Carolina is one of the states in the USA that have maintained the term malice aforethought to give a clear definition of murder crime.
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One of the main elements of murder crime in South Carolina is the intent to kill. Intent to kills refers to the specific objective of ending the life of human being. According to the South Carolina statutes, intent to kill does not have to be expressed by the murderer but can be implied in his or her behaviors and actions (South Carolina Legislature, 2017). For instance, shooting someone with a firearm is intent to kill. However, proving the intent to kill beyond a reasonable doubt is not always easy. The second essential element of murder crime is a depraved heart. It refers to acting with extreme recklessness knowing that the action may endanger human life. The intent to kill is always justified by the depraved heart killing. Therefore, the recklessness that ends a life of another person is considered to be murder in South Carolina.
Also, use of a deadly weapon is an element of murder crime in South Carolina. Based on the statutes, the use of a deadly weapon is an indication that a person has the intention of causing a fatal or serious bodily harm that can result to the death of a human being (South Carolina Legislature, 2017). In many cases, the use of deadly weapons is inferred by judges based on the surrounding circumstances. Lethal weapons are often aimed at causing severe injuries or death (Selwa, 2015). The last element of the crime is felony murder, which is an illegal act committed by a person without a clear intention of causing death. According to the South Carolina law, a felony is an inferential source of malice. Therefore, the main elements of murder crime in South Carolina include the intent to kill, depraved heart, use of deadly weapon, and felony murder.
Section 16-2-20 of the statute states that a person convicted of murder is punishable by death or life imprisonment (Selwa, 2015). There are instances when a person can be sentenced to not less than 30 years in prison due to the conviction of murder. People who are convicted of murder in South Carolina do not stand a chance of parole. Hence, murder is the most serious crime in the state, and it is severely punished according to the law.
Elements of Murder under the Historical Common Law
Like in the case of South Carolina, the historical common law also defined murder based on the malice aforethought. According to the historical common law, any individual who kills another person is charged with murder crime, regardless of whether the action was intentional or accidental (Birdsong, 2008). The historical common laws did not embrace lenient terms such as felony murder that is currently being used by many states in the country. Therefore, the intent to kill never applied in the initial definition of murder by the historical common law, as any person who killed another person was considered a murderer and could be punished by death.
One of the elements of the historical common law was the voluntary act of killing another person, which is related to the intent to kill (Birdsong, 2008). It refers to where a person volunteers to kill by using various methods such as poison and deadly weapons. The second element is general intent that is about extreme recklessness that can lead to death. The third element is the circumstances that led to murder. The historical common law strictly defined murder as killing a person, either intentionally or accidentally. The law did not consider other factors such as the mental state of the murderer. Also, murder crime was severely punished under the historical common laws as the persons who were convicted of the crime were punished by death or life imprisonment.
How Elements of Murder have changed
The elements of murder crime have gone through some murder crime from the historical common law to the current state of the statute in South Carolina. Importantly, the definition of murder has significantly changed. The historical common laws restricted the definition of murder to the malice aforethought and did not give room for felony murder. However, even though South Carolina is still defining murder based on the malice aforethought, it is flexible on some of the elements of murder, and it takes into consideration the mental state of the murderer. At the same time, it allows the possibility of felony murder that never existed in the historical common law. However, the severity of punishment for people convicted of murder has remained unchanged, as murderers still face the death penalty or life imprisonment (Birdsong, 2008).
The main reason for the change in the definition of murder is to give an elaborate definition of the crime (Birdsong, 2008). At the same time, the change in the South Carolina statute was aimed at clearly defining the murderer's state of mind. There was also the need to consider the possibility that a person can murder without knowing, even though they have been convicted or pleaded guilty of the crime. Such factors had to be factored in the definition of murder statute in South Carolina.
The suggestion of New Changes in the Statute
One of the main things that should be changed in the South Carolina statute on murder is the level of punishment. The statute should not give room for a person convicted of murder to only serve 30 years in prison. Instead, the penalty should be restricted to death of life sentence. Also, the society is changing, and the state should mainly rely on the malice aforethought to define murder crime. The concept was used during the historical common law and may no longer apply in the current world.
Conclusion
Murder is a serious offense that deserves severe punishment such as death or life sentence in prison. The South Carolina statute is useful in addressing murder crimes and cases, and it can help in deterring unnecessary killings in the society. However, it should be flexible to some of the changes in the modern society. Even though the malice aforethought definition of murder is common, the crime should broadly be defined by the state.
References
Birdsong, L. (2008). A Long Discourse on the Concept of Felony Murder in the United States . Retrieved from http://birdsongslaw.com/2008/06/25/read-a-history-of-the-felony-murder-rule/
Selwa, D. (2015). Murder in South Carolina . Retrieved from https://www.sclawyers.net/2015/11/28/murder-in-south-carolina/
South Carolina Legislature. (2017). Chapter 3: Crime against the Person . Retrieved from https://www.scstatehouse.gov/code/t16c003.php
