Product Details

Principal Author: The Honorable Ralph King Anderson, Jr.

Contributing Editor: Mark R. Farthing

 

©2023

 

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Jury charges play a crucial role in South Carolina criminal cases because they are essential tools used by the judge to instruct the jury about the law that applies to the specific case being tried. These charges provide guidance to jurors on how to interpret the evidence presented during trial in relation to the relevant legal elements and defenses that must be established. When lawyers provide the court with proposed jury charges that state the applicable law in an understandable way and clearly identify important issues in the case, they can tailor the legal framework the jury will use to decide their client’s case. Proposing a clear, tailored jury instruction is one more tool practitioners can use to act as a zealous advocate for their clients!  

 

Relevant jury instructions charged by the judge to the jury in a South Carolina criminal case can help:

-       ensure that jurors have a clear and accurate understanding of the law that applies to the case.

-       break down complex legal concepts into understandable terms, helping jurors comprehend the elements of the criminal offense and the burden of proof.

-       give the jury a roadmap to use during deliberations. This will help the jurors focus on key issues, elements, and defenses relevant to the case, reducing the likelihood of misunderstanding or misinterpretation of the law.

-       guide jurors in applying the law to the specific facts of the case, ensuring that the verdict is consistent with both the law and the evidence.

 

This new Third Edition, fully updated since the Second Editon in 2012, includes six chapters and more than 220 individual charges covering general instructions, as well as all the major criminal offenses in South Carolina, and the defenses to those charges. Every single substantive charge is supported by numerous citations to pertinent South Carolina authority when such authority exists. And one of the major changes addressed in this edition is the South Carolina Supreme’s Court decision in State v. Terrence Stewart, necessitating significant changes to the jury instruction in drug cases.

 

Whether you are a seasoned South Carolina criminal law attorney, a judge refining your skills, or a novice exploring the nuances of criminal law, this new Third Edition will guide you through the intricacies of gathering and composing your jury charges for trial.

 

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Summary of Contents:

Part I: General Instructions

Part II: Offenses

Part III: Sex Offenses

Part IV: Drugs

Part V: Confession

Part VI: Defenses

 

Table of Contents

Tags Criminal; Featured