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Re: “Why we shouldn't be surprised if the Slager jury fails to convict

I am not a law student but...

Double Jeopardy rule would apply. Once someone is found not guilty by a court of law for a particular criminal act, that person cannot be tried again for the same criminal act by the same jurisdictional authority, even if later evidence proves the person's guilt. However, a person can be tried multiple times if there are multiple jurisdictions that have claim to the same act. Such is the case when a person violates both state and federal laws while committing a crime. The person may be found not guilty in a state court, but could be found guilty for the same crime in federal court.

I also believe that in some instances a jury can find you guilty of a lesser crime,if instructed by the judge that such a possibility exists in the case.

"The law to be charged to the jury is determined by the evidence presented
at trial." State v. Hill, 315 S.C. 260, 262, 433 S.E.2d 848, 849 (1993). The trial court is required to charge a jury on a lesser-included offense if there is evidence from which it could be inferred that the defendant committed the lesser, rather than the greater, offense. State v. Drafts, 288 S.C. 30, 340 S.E.2d 784 (1986); see also Dempsey v. State, 363 S.C. 365, 610 S.E.2d 812 (2005); State v. Gourdine, 322 S.C. 396, 472 S.E.2d 241 (1996).

So i guess the answer to your question is..... It depends. The judge can instruct the jury to consider a lesser charge during deliberation, or the attorneys can request that the judge do so.

2 of 2 people like this.
Posted by Jshicke on November 17, 2016 at 11:59 AM

Re: “Charleston can lead the country by getting its story straight

I can't believe that we're still having to explain that slavery was evil. A friend of mine said once that if the Disney Channel and the History Channel had a baby it would be Charleston. Sounds like some people are just tuning in to the Disney version. Unreal.

11 of 19 people like this.
Posted by Nikki Hardin on November 17, 2016 at 11:55 AM

Re: “Charleston can lead the country by getting its story straight

I certainly hope that I'm never in a situation where I have to make a decision of "coddle slavery apologists or lose my job." A lot of people around here have this bizarre fantasy that slavery was not, in fact, a bad thing. Bizarre not in the sense that it wasn't deliberately planted by decades of white supremacists and neo-Confederates, but bizarre in the sense that those people would no doubt also express extreme revulsion at becoming "slaves of the state through taxation" or that they "want what's best for their kids, like all people."

Of course, slaves didn't get to keep their kids if it didn't suit master. Slaves didn't get to keep their families, their identities, nor their cultural roots. They were humans treated as livestock, a free labor pool that allowed the South to cheat in their economy until the gravy train was forced to a stop at a cost of 600,000 dead Americans plus untold wounded. The Confederacy formed to protect the institution of slavery, as documented in the many articles of secession and enshrined in the Confederate Constitution. We didn't invent slavery, of course not... it was all over the bible as something the bad guys did. But we adopted it like a cherished child, and some have never gotten over that loss.

Those people are bad people. Slavery was THAT BAD.

14 of 21 people like this.
Posted by factoryconnection on November 17, 2016 at 9:50 AM

Re: “Why we shouldn't be surprised if the Slager jury fails to convict

Isn't it true that the jury could convict Slager of negligent homicide or voluntary manslaughter?

0 of 1 people like this.
Posted by Pete 1 on November 17, 2016 at 6:42 AM

Re: “Charleston can lead the country by getting its story straight

Thoughtful piece! Thank you for your well-stated narrative. By way of sharing a recent experience here, I did hear one tour guide in a relatively new establishment introduce her discussion of some "slave quarters" by reaching out to her audience "I don't know what you think about slavery"... Apparently, she had gotten push back from folks defending the institution and was trying to negotiate/tell a story without giving offense.

7 of 15 people like this.
Posted by James Liphus Ward on November 16, 2016 at 9:36 PM

Re: “WYLA adds new programs

Cruising Down the Doo-Wop Lane is at 8 PM on Fridays, followed by Noodle's "Swing Shift" at 9 PM

1 of 2 people like this.
Posted by Kevin Crothers on November 16, 2016 at 8:55 PM

Re: “Charleston can lead the country by getting its story straight

As a garden guide at Middleton Place for over 20 years, I am willing to say definitively that no guide referred to an enslaved African as a "servant." We are well trained and frequently updated about any sensitivities in the story of Middleton Place. We take our roles seriously.

20 of 27 people like this.
Posted by bebob on November 16, 2016 at 8:43 PM

Re: “Blotter: Shovel-swingers anonymous

Regarding the convenience store story,

Yep ammonia and bleach are not a great idea to mix. You get Chloramine gas, or potentially hydrazine, both of which will kill you.

Mixing bleach and toilet bowl cleaner (an acid) will get you Chlorine gas, which can also kill you.

1 of 1 people like this.
Posted by Jshicke on November 16, 2016 at 5:02 PM

Re: “Why we shouldn't be surprised if the Slager jury fails to convict

"Don't touch me, I have mens rea!"

Gene Wilder

0 of 2 people like this.
Posted by Jshicke on November 16, 2016 at 4:57 PM

Re: “Charleston can lead the country by getting its story straight

Of all the words written in this opinion piece, truer words were never spoken (or written in this case) than to ask that Charlestonians "speak our true history out loud [and remain] vigilant in doing so." The management of the Middleton Place Foundation applauds the writers passion and her insistence that everyone can, and should, get Charleston's "story straight." To this day there remain too many narratives that fail to acknowledge the painful legacy that slavery has left us.

With that said, there is a suggestion in this piece that a guide at Middleton Place made little mention of "what the life of a slave actually entailed." Or that the guide substituted the word "servant" for "slave." The author is even willing to wager that that was the case. But it's a bet that can't be won because, lets face it, she does not know, and is unlikely to know, what the guide said to that tourist.

What readers should know, however, is that the Middleton Place Foundation is deeply committed to telling the complete story of Middleton Place, and not just of the white Middletons whose wealth could not have been achieved without slave labor. At Middleton Place, the staff and volunteer guides speak our true history out loud every day. They do it, most notably, on the Beyond the Fields tour that goes into detail - often disturbing detail - of what the life of a slave was like. The exhibit in Eliza's House, the product of years of meticulous research on the enslaved people owned by Middletons across generations, brings these people back into the light from the dark recesses of their lost and tragic family history. The work at Middleton Place is ongoing in this regard - it will never stop. The goal of getting the story straight may never be fully achieved, but the effort will continue, not because forgiveness is sought, but because of a firm belief that a hopeful future relies upon learning from - and never forgetting - the past.

49 of 57 people like this.
Posted by Don Bussey on November 16, 2016 at 4:51 PM

Re: “The bulgogi and banchan are worth the trip to 843 Korean BBQ & Sushi House

This place is capital L Legit. If you like actual Korean food (as in, what you are served in Korea) then go here. I am happy we have such a restaurant in CHS and I've been twice in the past ten days since first trying it.

Posted by Cid95 1 on November 16, 2016 at 3:16 PM

Re: “Did your neighborhood vote for Trump or Clinton? A look at Charleston County precinct results

Also, a few interesting things here:

On the islands, it looks like Folly was divided, SI was for Clinton and IOP was for Trump.

Downtown was for Clinton except, it seems (I am not familiar with districts downtown), the Battery was for Trump.

Mount Pleasure was mostly for Trump except a couple pockets and North Charleston was the opposite.

Posted by Cid95 1 on November 16, 2016 at 2:31 PM

Re: “Did your neighborhood vote for Trump or Clinton? A look at Charleston County precinct results

What percentage of people are "eligible" in urban vs rural areas, though? That word makes all the difference and the fact that it's used instead of a straight rural vs urban per capita comparison is telling. If only 10% of the rural population is eligible vs 60% of the (much larger overall) urban population then that's a huge figure.

2 of 2 people like this.
Posted by Cid95 1 on November 16, 2016 at 2:28 PM

Re: “The Agenda: A Scott-Gowdy ticket for governor?; FBI investigating fire at black business group; Roof's competency questioned?

Graham has to go. We need new blood. he stands for nothing.

0 of 3 people like this.
Posted by lynnar on November 16, 2016 at 12:46 PM
Posted by tupper29406 on November 16, 2016 at 7:31 AM

Re: “GALLERY: Anti-Trump protest converges on Marion Square

Facebook was not the source. The link to facebook was in the news item I read. Thank you.

1 of 3 people like this.
Posted by tupper29406 on November 16, 2016 at 6:55 AM

Re: “Granary bids Belle Hall adieu with final Sunday brunch

Love Brandon's food!

1 of 3 people like this.
Posted by Jen Hladek on November 15, 2016 at 5:39 PM

Re: “Watch last night's Kanye moment as SUSTO accepts CPMA

Really uncool of him to do that. Not very artisanal

2 of 5 people like this.
Posted by Jonathan Walker Trull on November 15, 2016 at 4:53 PM

Re: “Watch last night's Kanye moment as SUSTO accepts CPMA

Really uncool of him to do that. Ungrateful

2 of 5 people like this.
Posted by Jonathan Walker Trull on November 15, 2016 at 4:52 PM

Re: “GALLERY: Anti-Trump protest converges on Marion Square

I would love to know how many of these young people protesting took the time to actually cast any vote at all.

"PORTLAND, Ore. More than 70 percent of the 112 anti-Trump protesters arrested in Portland didnt vote in Oregon, according to state election records. The other approximately 30 percent did cast a ballot in Oregon or in another state."

6 of 8 people like this.
Posted by artrogue on November 15, 2016 at 3:12 PM
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