South Carolina Lacks State Standards for Police Shooting & Excessive Force Investigations

South Carolina Lacks State Standards for Police Shooting & Excessive Force Investigations

The issue of officer-involved shootings and the excessive use of force in South Carolina are once again under scrutiny, with an alarming absence of standardized procedures across the state to investigate such cases. Reports indicate that over 40 officer-involved shootings occur annually, on average, since 2020. Just this year, 19 have been filed so far, seven of which took place in the Lowcountry region.

Investigations into these incidents vary drastically depending on the location. While the common practice is to have the South Carolina Law Enforcement Division (SLED) conduct a third-party investigation, there is no state law enforcing this requirement. Moreover, there are no defined standards for state prosecutors nor any immunity provisions in place if they are part of the investigation process.

The Dire Need for Uniform Policies

Such inconsistency in investigation procedures became painfully evident during the trial of Officer Michal Slager who fatally shot Walter Scott in 2015. The incident triggered nationwide outrage and served as a stark reminder of the need for uniform policies.

Ninth Circuit Solicitor Scarlett Wilson implemented a 29-page comprehensive Officer-Involved Critical Incidents Policy following the trial. The policy mandates a 60-day deadline for investigative findings to be submitted to her office by the third-party investigating agency – typically, SLED. It also sets deadlines for public disclosures and updates to the victim’s family.

However, Officer Slager’s case notwithstanding, the lack of a state law implies that all 16 circuits in South Carolina are free to establish their own procedures. Among these, only the Second, Eighth, and Ninth districts have written protocols. Other districts, like the Fourth and Seventh, automatically defer to the Attorney General’s Office, which does not have a written policy either.

Unclear Standards for Excessive Force

Besides the absence of uniform procedures, another major concern is the unsettled law around the standards for excessive force. While the landmark Supreme Court case of Tennessee v. Gardner does stipulate when the use of deadly force is deemed ‘constitutionally unreasonable,’ South Carolina lacks a clear law defining excessive force.

The Road Ahead

Despite the gambit of disparate procedures and the disconcerting ambiguity around excessive force standards, there is a glimmer of hope. Suggestions made by the South Carolina Prosecution Commission Task Force advocate for setting up a Law Enforcement Integrity Unit within the Attorney General’s Office. This unit, if created, would shoulder the responsibility of both investigating and prosecuting these cases.

While cost concerns may prevent the immediate realization of this proposal, Solicitor Wilson remains optimistic. She emphasizes the need for improved transparency and uniformity so communities can know what to expect from law enforcement, thereby ensuring justice and accountability.