Final answer:
Pretrial release decisions are influenced by the type of offense committed, with more serious or violent crimes often leading to denial of release. Sentencing guidelines, which consider the severity of the offense and other case facts, help determine the outcome, alongside considerations of reducing recidivism.
Step-by-step explanation:
Criteria for deciding whether pretrial release should be granted typically include the type of offense committed, the defendant's past criminal record, the likelihood of the defendant returning for trial, and potential dangers to the community if the defendant is released. Regarding the type of offense, crimes that are more serious or violent in nature are less likely to result in pretrial release.
Judges often refer to sentencing guidelines, which assign point values to various offenses and facts in the case, to help them make a determination. Additionally, the justice system may take into account the potential for recidivism, which is the likelihood of a defendant committing another crime if released. Other factors such as the right to a fair trial, the presumption of competence, and the use of plea bargains also play roles in the wider criminal justice context.