Do not bail out on justice
Ohio bail bondsmen might have a drop in business soon.
A new poll shows most Ohio voters support House Joint Resolution 5, which would allow judges in Ohio to deny bail to any defendant who might be considered dangerous.
Ohio voters will decide the fate of the proposed amendment to the Ohio Constitution on Nov. 4. The amendment is sponsored by Rep. Jeff Jacobson, R-Dayton
The Ohio Constitution states anyone charged with a crime is entitled to bail except in death penalty cases.
We think this situation is potentially dangerous.
Defendants who appear before a judge for a bail hearing are not guilty of anything yet. But this bill could allow a judge to deny bail to the defendant.
The U.S. judicial system is largely based on presuming someone is innocent until proven guilty. Bail is a good example of this admirable belief.
Judges shouldn't be able to deny bail to a defendant based on essentially a first impression.
Denying bail asserts the judge feels the defendant very likely could be guilty of a crime, and it may influence how the judge runs the trial and how the jury views the defendant.
The 8th Amendment of the U.S. Constitution states Òexcessive bail shall not be required, nor excessive fines imposed.Ó The intent is that bail should be allowed. Judges have a lot of power as it is.
Defendants who are freed on bond can assist in their own defense. This can assure that defendants are given proper trials.
We encourage voters to oppose the amendment to the state constitution to protect their rights.
Don't let first impressions get in the way of justice.