Court Decision-Making in Domestic Violence Cases: An Analysis of the Case Processing Pipeline in South Carolina

• NCJ Number: 310313
• Author(s): Christi Metcalfe
• Date Published: 2024
• Length: 90 pages
• Grant Number(s): 15PNIJ-21-GG-02802-REVA
• Agencies: NIJ-Sponsored
• Publication Type: Research (Applied/Empirical)

Annotation

This study examines domestic violence case processing in South Carolina.

Abstract

In this study, researchers analyzing the case processing pipeline in South Carolina found that racial, ethnic, and sex disparities may exist in domestic violence case processing. Based on the interview results, prosecutorial variation appears to stem from a number of sources. There was variation in charging outcomes and time to disposition across the counties. There is some initial evidence that an outcome comparison would be feasible for those that were and were not diverted through pretrial intervention (PTI). The study found that PTI was a common pathway for white individuals and females but not the other sex and racial/ethnic groups. There were some race/ethnicity differences in pathway stages. Interviewees expressed that any differences in case decisions were likely along sex lines, where it was noted that women were treated more leniently than men and men were seen as the default perpetrator. Prior record was a relevant correlate of diversion. Victim non-cooperation was a key correlate of prosecution. In the dismissal decision, victim non-cooperation remained consequential, as did the victim’s prior conviction record. Evidence factors were also relevant. The time from arrest to disposition was related to evidence, victim injury, and mutual arrest. According to the interview data, victim cooperation is crucial to the prosecution of domestic violence cases, as is other sufficient evidence to move the case forward. Knowledge of the victim’s stance could help improve efficiency in the process, as well as more resources and more court time. The authors undertook the study in order to gain a better understanding of existing prosecutorial practices and challenges, as well as the circumstances and evidence that can contribute to the successful prosecution of domestic violence cases. The authors focus on case pipelines, general case flow and management, correlates of decision-making across multiple time points, and pitfalls in case resolution.