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In the folklore of criminal justice a popular belief is that the accused will have his case decided in a trial. Empirical evidence does not support this belief. Table 1 indicates that most cases are disposed of before trial by either a guilty plea or a dismissal of the charges. What factors determine the choice between a pretrial settlement and a trial? What accounts for the large proportion of settlements compared to trials? How are certain aspects of the criminal justice process such as the bail system and court delay related to the decision to settle or to go to trial? The main

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