Greenville South Carolina Criminal Defense Blog

Racial discrimination can affect many aspects of the criminal prosecution, trial and sentencing of people in South Carolina. One often-overlooked aspect of racial disparities in the criminal justice system involves the mistaken recording and understanding of Black English in the courtroom. One study examined court stenographers in Philadelphia, finding that they made errors in two-fifths of the sentences spoken in Black English grammar and accurately paraphrased only a third of the content.

This issue is not limited to stenographers. Court records are often of critical importance on appeal and during a review of a defendant's testimony later in a case. Therefore, misunderstandings of a speaker's meaning can have a major impact on fundamental questions of innocence or guilt. In one case, an arrested man who said, "give me a lawyer, dawg" was subjected to continued interrogation and not provided with an attorney. Police claimed that the man had requested a "lawyer dog" and not exercised his right to an attorney. The misunderstanding of black witnesses, defendants and victims can play a significant role in poor outcomes, especially given the multitude of factors that contribute to racial disparity and discrimination in the criminal system.

Judges in South Carolina and around the country take the protections guaranteed by the Fourth and Fifth Amendments seriously. That's why evidence gathered during warrantless searches or coercive interrogations is unlikely to withstand scrutiny unless the police officers involved have compelling arguments. However, the law has sometimes been slow to respond to challenges raised by new technology. Most cellphones contain extremely sensitive information about their owners, but the degree to which the U.S. Constitution protects this data remains uncertain.

District court rulings on the issue have been inconsistent. Federal judges have ruled that police officers may not compel suspects to reveal their usernames or passwords, but they have allowed officers to force electronic devices open using facial recognition technology, fingerprint scanners or other biometric systems. Fifth Amendment protections apply to surrendering a password because it is a voluntary act and considered testimony.

On Jan. 4, South Carolina authorities announced that two men have been charged with the murder of a Greenville County man in December. The decedent's body was reportedly found beside railroad tracks in Taylors.

According to the Greenville County Sheriff's Office, the defendants, ages 30 and 32, have been charged with murder, kidnapping, possession of a weapon during a violent crime and criminal conspiracy. Though the investigation is ongoing, authorities believe one of the defendants knew the victim and both defendants were involved in the plot to take his life.

South Carolina residents may be interested in learning the steps that may be taken to defend a second-degree murder charge. Many individuals who are charged with second-degree murder defend themselves by saying that they did not commit the crime that they are accused of. Others actually say they killed the victim but present justification for their actions. The latter is referred to as an affirmative defense.

As with other criminal cases, the defense presented is going to depend on the evidence presented as well as the facts surrounding the case. There are a number of defenses that might be used in a second-degree murder case.