{"id":376287,"date":"2016-03-31T21:36:41","date_gmt":"2016-04-01T02:36:41","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/south-dakota-law\/south-dakota-capital-punishment-laws.html"},"modified":"2024-11-22T10:06:42","modified_gmt":"2024-11-22T15:06:42","slug":"south-dakota-capital-punishment-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/south-dakota-law\/south-dakota-capital-punishment-laws.html","title":{"rendered":"South Dakota Capital Punishment Laws"},"content":{"rendered":"\n
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South Dakota Capital Punishment Laws<\/h1>\n
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\n By Olivia Wathne, J.D.<\/a> | Legally reviewed by FindLaw Staff<\/a>\n | Last reviewed\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Capital punishment, more commonly known as the death penalty<\/a>, is only for the most serious murder charges<\/a>. Under South Dakota law, a person can only get the death penalty in cases where another person dies. For example, the murder of a law enforcement or court official is a capital offense.<\/p>\r\n

South Dakota capital punishment laws exempt those who are ruled "insane" or suffer from "a severe mental disorder or disability that significantly impaired their capacity to appreciate the nature, consequences, or wrongfulness of his or her conduct." The law also establishes a minimum age of 18 for executions.<\/p>\r\n

South Dakota’s History With the Death Penalty<\/b><\/h2>\r\n

South Dakota’s history with the death penalty has seen a lot of change over the years. Capital punishment was established in 1887, using hanging before transitioning to electrocution in 1947. The U.S. Supreme Court’s landmark decision in Furman v. Georgia<\/i><\/a> (1972) temporarily halted executions nationwide, including in South Dakota.<\/p>\r\n

The South Dakota Supreme Court<\/a> and the state senate reintroduced lethal injection in 1979 following the U.S. Court’s reinstatement of capital punishment. High-profile cases such as those of Jack McCall<\/a> and George Sitts<\/a>, along with decisions by the attorney general, have shaped the state’s approach. <\/p>\r\n

Method of Execution<\/b><\/h2>\r\n

The law in South Dakota underwent a significant change in 1984 when lethal injection became the sole method of execution. Legal and ethical considerations influenced the shift to lethal injection.<\/p>\r\n

The first use of lethal injection in the state was in 2007 when the state of South Dakota executed Elijah Page<\/a> for the murder of Chester Allen Poage.<\/p>\r\n

Death Penalty And Clemency<\/b><\/h2>\r\n

Once the court has scheduled the death penalty date, the defendant may seek clemency from the governor<\/a>. The governor has full and sole authority to grant clemency. If there is no clemency \u2014 and if any last-minute motions by the defendant such as successor motions for appropriate relief, are unsuccessful \u2014 the defendant will face lethal injection.<\/p>\r\n

Learn more about South Dakota’s capital punishment laws in the following table. See FindLaw’s Death Penalty<\/a> section for more articles.<\/p>\r\n\r\n
Code section<\/th>\r\n

22-16-4<\/a>; 23A-27A-1<\/a>, et seq.<\/p>\r\n<\/th>\r\n<\/tr>

Is capital punishment allowed?<\/th>\r\n

Yes<\/p>\r\n<\/td>\r\n<\/tr>

Clemency process<\/th>\r\n

The governor may get a non-binding recommendation of clemency from a board or advisory group. The governor may also submit an application for clemency to the board of pardons and paroles for its recommendation. The governor may, by executive order, delegate to the board the authority to consider applications for clemency and make recommendations to the governor. The governor is not bound to follow any recommendation returned by the board.<\/p>\r\n<\/td>\r\n<\/tr>

How is the sentence determined?<\/th>\r\n

The jury decides on aggravators. The judge decides sentence.<\/p>\r\n<\/td>\r\n<\/tr>

Available for crimes other than homicide?<\/th>\r\n

No<\/p>\r\n<\/td>\r\n<\/tr>

Method of execution<\/th>\r\n

Lethal injection<\/p>\r\n<\/td>\r\n<\/tr>

Is life without parole an option?<\/th>\r\n

Yes<\/p>\r\n<\/td>\r\n<\/tr>

Minimum age<\/th>\r\n

18<\/p>\r\n<\/td>\r\n<\/tr>

Effect of defendant’s incapacity<\/th>\r\n

Sentence suspended during period of mental incompetency or while defendant is pregnant. In the event of pregnancy, execution may be carried out not less than 30 days nor more than 90 days from the date of a new warrant from the governor appointing the execution; life sentence without parole if mentally incompetent at the time of the crime and was mentally incompetent before the age 18.<\/p>\r\n<\/td>\r\n<\/tr>

Definition of capital homicide<\/th>\r\n