
Originally Posted by
j-mac
Not me...He stopped, planted, and methodically took aim, then proceeded not to just shoot once, or twice, but 8 freakin' times....I think manslaughter should be for cases where you don't intend on killing someone, but it happens...This was murder.

Originally Posted by
Ockham
1st degree Manslaughter would be a gift for this cop actually - I'd be more apt to side with 2nd degree murder as shooting at someone 8 times in the back (in this case) was not premeditated (no evidence to show premeditation) but where death would be a distinct possibility.

Originally Posted by
Peter King
I was thinking from the way the Dutch legal system looks at it, murder in our system is planned/premeditated and "doodslag" which to us is "manslaughter" where it is not a premeditated act of homicide.
Because I do not think he premedidated this killing so for me it is manslaughter (homicide without prior premedidation).

Originally Posted by
j-mac
Can't "pre meditation" occur even seconds before the act?

Originally Posted by
stonewall50
I don't think so. I think that would still qualify as in the moment. If the argument was that this was premeditated...it wasn't. Unless this officer knew he was going to be stopping this guy at this time and had made the decision to kill him. Good luck proving that.
SC Judicial Department
Murder is the killing of a person with malice aforethought, either express or implied. Id. With the exception of the death of the victim, each and every element of murder must be proven beyond a reasonable doubt in order for a jury to convict a defendant of ABIK. Id.
“Malice aforethought” is defined as “the requisite mental state for common-law murder” and it utilizes four possible mental states to encompass both specific and general intent to commit the crime. Black’s Law Dictionary 969 (7th ed. 1999). These four possibilities are intent to kill, intent to inflict grievous bodily harm, extremely reckless indifference to the value of human life (abandoned and malignant heart), and intent to commit a felony (felony murder rule).[3] Id. “General intent” is defined as “the state of mind required for the commission of certain common law crimes not requiring specific intent” and it “usually takes the form of recklessness . . . or negligence.” Black’s Law Dictionary 813 (7th ed. 1999).
Clearly, the above definitions illustrate that malice aforethought encompasses both the specific and general intent to commit murder. As ABIK encompasses each of the required elements of murder except for the death of the victim, it is axiomatic that malice aforethought be the mental state required to commit ABIK. Further, the South Carolina Supreme Court has stated “the required mental state for ABIK, like murder, is malice aforethought.” State v. Fennell, 340 S.C. 266, 275, 531 S.E.2d 512, 517 (2000).