The vast majority of cases do not go on totrial, but are resolved at this phase. The

bail decision is particularly important, as those denied a pre-trial release are far more likely to be convicted than those who are released.

Less than 10% of all criminal cases go to trial, why:

1. Police/prosecutor decision to bring charges in the initial stages

2. Judge dismisses the case at the preliminary hearing

3. Grand jury refuses to indict4. Prosecutor decides to drop the case

1. Seriousness of the offense 2. Strength of the case in an evidentiary

sense:A. Substantive – solid evidence, quality

witnessesB. Procedural – search and seizure

violations by the police3. Attitude concerning the offense (ie., marijuana, prostitution)4. Prosecutorial intuition 5. Personal psychic state of the prosecutor at

the moment

6. Political factors: - person so well-known impossible to get a conviction, - successful prosecution not sit well with the community - pressure to drop the case from the general public in the aggregate and/or key political figures - person is acquainted with the prosecutor in some way7. Humanitarianism (drop charges in lieu of obtaining psychiatric help/joining the military/serving in the Peace Corps, etc)8. Communal justice better served by nulling or reducing

charge severity9. Organizational factors, generally lack of resources

(expertise, money, time)10. Pressure to drop the case from other justice system actors11. Batting average games

Amount of bail varies with the severity of the offense and the characteristics of the accused.

Defendant retains a criminal liability; just a release pending future court processing.

Different pre-trial release/bail options:a. Bond yourself outb. Bail Bond agentc. 10 percent systemd. ROR/PTR bond

Stack v. Boyle (fail to appear test) - Bail may be denied if there is probable cause to believe thatdefendants will fail to appear at future judicial proceedings.

U.S. v. Salerno (dangerousness test) - Bail may be denied if there is clear and convincing evidence that defendant are dangerous and pose a threat to the community at large and the court participants in particular.

Taylor v. Taintor - Bail bond agents may use physical force to capture their bondees who have skipped bail, as long as the force used is reasonably related to the custody and/or transportation of the bondees.

Generally run by Prosecutors Sometimes called deferred

sentencing/withheld adjudication Non-dangerous, generally non-violent

offenders may earn the dismissal of charges if they abide by certain rules.

If the defendant fails to abide by the rules/by the contract, the original charges can be filed.

No new offenses Pay restitution to the victim, and/or complete some

form of community service Maintain employment and/or stay in school Obtain a drug/alcohol/mental health evaluation Complete a drug/alcohol/mental health program

when applicable Pay a small fee Sign a confession regarding the case at hand

Again, if the defendant fails to abide by the agreement, the

original charges can be filed

Removes people from/minimizes their level of intrusion into, the justice system

Save money for all concerned No record for persons involved, so no

stigma (can get into law school, medical school, become a barber, get bonded, etc)

Offenders are held accountable/compensation is made (just desserts)

Widening of the net Constitutional infringements Class bias