12/9 - MADD SC - FINAL Draft - CM Report 2019-2020 Images

conviction rates in the future. Some prosecutors talked about the unfortunate reality of having to perhaps plea down some cases they might otherwise not because of the backlog and limited jury trial spots for all criminal offenses. Without the threat of a jury trial, as expected, prosecutors discussed having limited leverage to bring a case to resolution. Offenders know, or are being advised, that requesting a jury trial means a long delay or a likely offer for a lesser charge. Overall, we would anticipate seeing lower conviction rates in the near future. This is very unfortunate for public safety and is yet one more adverse impact of the coronavirus outbreak. However, it can be noted that this impact will be felt for all types of criminal offenses, not just DUI.

Remaining Questions and Future Focus

In many ways, our court monitoring data raises as many questions as it answers. Much of this is due to the fact that we see the outcome of the case but do not have access to all of the details that lead to the final determination. As we continue to monitor cases, which is ongoing, we will focus on some of the following questions:

 Will any of our findings continue to change as we review a larger number of cases over time and are a more consistent presence in some of these counties?

 How will the COVID-19 pandemic impact DUI conviction rates and the speed at which cases are disposed of?

 Are there any positive advances developed out of necessity during the COVID-19 pandemic that can be adopted for permanent use?

 Can we find ways to be in the courtroom more often vs. online monitoring within our capacity, especially by improved volunteer recruitment?

 Do any public discussions potentially prompted by the release of these data seem to have any impact on conviction or plea rates or on some of the systemic issues that are often attributed for having to plea down cases?

MADD South Carolina’s Court Monitoring Program and the printing of this report is funded by the Office of Highway Safety and Justice Programs (OHSJP) of the South Carolina Department of Public Safety (SCDPS).

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