§ 1-24 Flight

• Library: South Carolina Requests to Charge - Criminal (SCBar) (2012 Ed.)

§ 1-24 Flight

It is improper for the trial judge to instruct the jury on the law of flight.

In State v. Grant, 275 S.C. 404, 272 S.E.2d 169 (1980), the Supreme Court of South Carolina held:

While an instruction on flight has been acceptable law for some time in most jurisdictions, we are inclined to think that henceforth it is more appropriate for the judge to decline any charge whatsoever on this issue....
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The charge on flight oftentimes has the potential for creating more problems than solutions.

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