Ohioans will vote this fall on a constitutional amendment to restore the use of bail to prevent defendants from being released from jail before trial.
The proposal says that when setting bail amounts, courts must consider public safety, a person's criminal record, the likelihood they'll show up for court and the seriousness of the crime.Opponents warn that the amendment would not necessarily improve public safety. They say it would exacerbate an already broken money bail system.Bail – money and or conditions – is intended to ensure that someone will show up for court appearances.
In some cases, if someone is particularly dangerous or a flight risk, judges can decide to hold them until trial.that money bail can be used only to ensure someone's return to court and that excessive bail is unconstitutional.Setting a high bond simply to keep someone charged with a crime in jail before trial was “both statutorily and constitutionally unlawful," the court found.
Judges may still deny bail for defendants if it's found they pose a substantial risk and that no release conditions can reasonably assure the public's safety, according to Justice Michael Donnelly's concurring opinion.Issue 1 encourages courts to gamble on public safety, rather than use existing laws to deny bail, and bail only gives the illusion of safety. Violent people with money can just buy their way out of jail while poor people are detained.