Charleston Reporter

The last year-and-a-half will give future generations plenty to talk about, including the coronavirus pandemic that caused a toilet paper shortage, a historic presidential election, civil unrest and calls for social justice, and perhaps even the state's dramatic surge in violent crime.

According to FBI data, South Carolina’s violent crime rate per 100,000 residents rose by 2.1% in 2019, while nationally, the rate declined by 1%. Murders and nonnegligent manslaughters increased a staggering 11.5% in the state from 2018 to 2019, while the same stats continued to decline nationally, on average.

CBS News published a report on America’s deadliest cities, and despite its small population compared to larger metro areas around the country, North Charleston ranked 14th in the nation, with a murder rate of 22.55 per 100,000 residents. 

North Charleston ranked higher than Philadelphia (ranked 16), Cincinnati (No. 19), Atlanta (No. 22), Chicago (No. 28), Newark (No. 30), Milwaukee (No. 36), Dallas (No. 42), Jacksonville (No. 45), and Pittsburgh (No. 58), among others.

Will Folks of FITSNews.com points the finger at laws that aren’t tough enough on crime, insufficient penalties, and weak judges for the rising cases of violent crime. Folks had previously served as press secretary to the South Carolina Gov. Henry McMaster.

Another FITSNews.com article revealed one example of an insufficient penalty. 

Richard Bernard Moore, 55, was scheduled to be executed by lethal injection but received a reprieve on his sentence. The reason? Because South Carolina lacked availability on the drug, according to FITSNews.com.

"As a libertarian, I am deeply invested in the constitutional guarantee of due process for all defendants," Folks wrote in a FITSNews.com op-ed. "But we cannot allow the rights of those charged with violent crimes to supersede the rights of crime victims – nor can we permit public safety to be jeopardized by ill-conceived bond decisions."

Another explanation for the surge in violent crime is due to jurors being given too few options when it comes to a murder trial. This often results in an acquittal and the criminal allowed back on the streets, according to Folks.

“Our state does not have first-degree murder,” a state prosecutor told Folks. “Our ‘murder’ (statute) requires ‘malice aforethought’ which is not the same as premeditation. It’s very confusing for jurors and we desperately need more murder options.”

Folks also wrote in his FITNews.com piece that under "S.C. Code of Laws § 16-3-5 et. seq., murder is defined as 'the killing of any person with malice aforethought, either express or implied.'”

Express malice is defined as “killings where a person intended to cause death or grievous bodily harm to another.” Implied malice is defined as “killings that occurred while a person was committing a felony … or deaths resulting from an action that displayed a depraved indifference to human life."

Oftentimes, the jury finds themselves in the "malice afterthought trap" which is the equivalent to the "premeditation trap."

“'We get jammed by juries all the time when someone commits an armed robbery and everyone knows (they) didn’t mean to kill someone but panicked,'” Folks wrote that his prosecutor friend said. “I don’t get the sympathy there, but it is real.'"