South Carolina Capital Punishment Laws

The State of South Carolina still has capital punishment or the death penalty. Except for a few years following the Supreme Court's decision in Furman v. Georgia (1972), South Carolina has always had the death penalty.

In total, the South Carolina Department of Corrections has carried out 684 executions. Only 43 of these happened after the legislature reinstated capital punishment in 1976. There are now 35 death row inmates in South Carolina, and there hasn't been an execution in more than 10 years.

Here, we'll discuss South Carolina's death penalty laws, including the methods of execution available. We will also describe the types of crimes that warrant a death sentence.

State of Capital Punishment in the United States

For years, Americans have debated whether the death penalty is right or wrong. According to the Pew Research Center, more than 60% of Americans believe that, in some cases, the death penalty is warranted. It should come as no surprise that 21 states still have the death penalty on the books. According to the Death Penalty Information Center, six of these states have not executed anyone in some time.

Besides state capital punishment laws, the federal government also has the option of imposing the death sentence. There are some states that no longer enforce the death penalty in state-level cases that must carry out federal executions.

Until 1972, the federal government allowed the states to decide if they wanted to impose the death penalty. But in a 1972 Supreme Court case (Furman), the justices agreed that the death penalty, as written, was unconstitutional.

In the Furman case, there was a claim that the death penalty violated the cruel and unusual punishment clause of the Eighth Amendment. According to the petitioner, the death penalty, as applied, was discriminatory against minorities and arbitrarily imposed by state and federal courts.

The Supreme Court decided the then-current capital punishment laws were discriminatory and arbitrarily applied. The Court issued a moratorium on the death penalty across the nation until state legislatures rewrote the death penalty laws to address the concerns in Furman.

After the Furman decision, many states chose to rewrite their laws and reinstate the death penalty. South Carolina was one of them. Some of the other states that reinstated the death penalty include:

• Alabama
• Nebraska
• Texas
• Utah

Of course, some states, like Washington, decided to abolish the death penalty once and for all.

The most common method of execution in those states that still have the death penalty is lethal injection. South Carolina's death row prisoners have the right to choose their method of execution from the firing squad, electric chair, and lethal injection.

Definition of Capital Homicide

To qualify for the death penalty, an offender must have committed a heinous act of murder. This does not mean that all people guilty of homicide will receive a death sentence. The South Carolina State Supreme Court has approved capital punishment in capital cases only.

According to South Carolina law, judges may impose a sentence of death in cases involving homicide cases involving any of the following:

• In connection with any criminal sexual conduct
• Kidnapping
• Burglary
• Armed robbery
• Larceny with the use of a deadly weapon
• Poison
• Drug trafficking
• Physical torture during the commission of a drug trafficking felony
• Prior murder conviction
• Dismemberment of a person
• Knowingly created a significant risk of death to multiple persons in a public place
• Murder for hire
• Murder of a judicial officer, attorney, or officer of the court
• Killing of a law enforcement officer, peace officer, correction employee, or firefighter
• Murder involving multiple victims
• The murder of a child under 12
• Killing of a witness

If the state convicts you of any of the above crimes, you may get a death sentence. In South Carolina, the jury decides what your sentence will be.

Capital Punishment Statutes in South Carolina

The South Carolina courts pursue the death penalty in cases involving murder and felony murder. Specifically, capital punishment is an option in cases where a defendant knowingly created a significant risk of death.

The below section highlights some of South Carolina's capital punishment laws.

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state laws you are researching.

Related Resources for South Carolina Capital Punishment Laws

Death penalty law is complex and can be challenging to understand. FindLaw's Capital Punishment and the Death Penalty section has more articles and resources. You can contact a South Carolina criminal law attorney for legal help with a death penalty matter.