Opinion

State v. Brown

  • 284 S.C. 407
  • 326 S.E.2d 410
  • 1985 S.C. LEXIS 327
Court
Supreme Court of South Carolina
Filed
Feb 13, 1985
Status
Published
Author
Ness
On the bench
Ness, Littlejohn
Cited by
14 cases

holding castration, which the Court described as "a form of mutilation," constituted cruel or unusual punishment that is prohibited by article I, section 15 of the South Carolina Constitution, even though such punishment had been deemed permissible in other jurisdictions under an Eighth Amendment analysis

How later courts described this case

  • holding castration, which the Court described as "a form of mutilation," constituted cruel or unusual punishment that is prohibited by article I, section 15 of the South Carolina Constitution, even though such punishment had been deemed permissible in other jurisdictions under an Eighth Amendment analysis
  • holding castration is a form of mutilation and that mutilation as punishment for a criminal offense is prohibited by article I, section 15 of the South Carolina Constitution
  • holding trial courts are “allowed a wide, but not unlimited, discretion in imposing conditions of suspension or probation and they cannot impose conditions which are illegal and void as against public policy”
  • holding judges are “allowed a wide, but not unlimited, discretion in imposing conditions of suspension or probation and they cannot impose conditions which are illegal and void as against public policy”

Written by the judges who cited it.

The opinion

Ness, Justice

(concurring):

I concur that castration as a condition to suspension of the sentence and probation is void. I would hold the thirty year sentence is severable and valid. Resentencing is therefore unnecessary.

Littlejohn, C. J., concurs.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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