Prosecutorial Decision-Making in South Carolina Domestic Violence Cases: A Qualitative Content Analysis of Prosecutorial Case Notes

• In Event: Prosecutorial Philosophy, Decision-Making, and Case Outcomes

Abstract

Within the court literature, prosecutorial decision-making has not been given the same level of scrutiny as judicial decisions, despite the immense amount of discretion given to prosecutors during case processing. As such, we know little about what factors into prosecutorial decision-making. In the current study, we conduct a qualitative content analysis of prosecutorial supporting facts documents involving domestic violence incidents in a circuit in South Carolina across two years. We uncover several themes that highlight specific factors of these cases that are consequential in decision-making. Within the support facts documents, prosecutors provide their version of the incident (based on the reading of the police report), note problems with prosecution, and propose potential plea and sentence offers. Thus, the findings point to decision rules applied in the prosecution of domestic violence cases.

Authors

• Kaitlen Hubbard, University of South Carolina

• Barbara Koons-Witt, University of South Carolina

• Christi Metcalfe, University of South Carolina