Jury Instructions

South Carolina Requests to Charge – Criminal PART VI DEFENSES § 6-16 Duress/Coercion – Defense The defendant has raised the defense of duress or coercion. To establish duress which will excuse a criminal act, the degree of coercion must be present, imminent, and of such a nature as to induce a well-grounded apprehension of death […]

South Carolina Requests to Charge – Criminal PART VI DEFENSES § 6-15 Entrapment The defendant in this case has pled the defense of entrapment. Entrapment is defined as the conception and planning of an offense by an officer or other person working with law enforcement agents under some sort of arrangement and his procurement of

South Carolina Requests to Charge – Criminal PART VI DEFENSES § 6-14 Guilty but Mentally Ill The defendant in this case has raised the issue for your consideration of a verdict of guilty but mentally ill. Section 17-24-20(A) of the South Carolina Code of Laws provides: A defendant is guilty but mentally ill if, at

South Carolina Requests to Charge – Criminal PART VI DEFENSES § 6-13 Defense of Habitation The defendant has raised the defense of habitation. The defense of habitation is the defense of one’s dwelling house. If the defendant or a member of the defendant’s household is attacked in the defendant’s own home, the defendant may use

South Carolina Requests to Charge – Criminal PART VI DEFENSES § 6-12 Insanity The defendant in this case has pled the defense of insanity. Insanity is a complete defense. In every criminal case, it is presumed the defendant is sane. Insanity is an affirmative defense in a criminal prosecution. In order to make out the

South Carolina Requests to Charge – Criminal PART VI DEFENSES § 6-11 Self Defense – Mutual Combat If the defendant voluntarily participated in mutual combat for purposes other than protection, he cannot justify or excuse the [killing] [injury] of the victim in the course of such conflict on the ground of self-defense, regardless of what

South Carolina Requests to Charge – Criminal PART VI DEFENSES § 6-10 Necessity The defendant has raised the defense of necessity. The defense of necessity covers the situation where physical forces beyond the actor’s control rendered illegal conduct the lesser of two evils. The rationale behind the defense of necessity is that a person should

South Carolina Requests to Charge – Criminal PART VI DEFENSES § 6-9 Self-Defense – Prior Difficulties In this case, there was evidence of prior difficulties between the parties. You may consider these prior difficulties in assessing the reasonableness of defendant’s action. These prior difficulties are relevant in showing defendant’s state of mind on this particular

South Carolina Requests to Charge – Criminal PART VI DEFENSES § 6-8 Self-Defense – Propensity for Violence In considering the actions of the defendant, the jury is warranted in considering the propensity for acts of violence of the victim. If the defendant knew the victim was of such propensity, then the defendant would be warranted

South Carolina Requests to Charge – Criminal PART VI DEFENSES § 6-7 Self-Defense – Reputation for Violence and Turbulence In a case where self-defense has been raised, you may consider the victim’s reputation for turbulence and violence in the community as it bears on self-defense. In considering the actions of the defendant, you are warranted