On the Ballot: Denial of Bail for Certain Crimes
Tennessee Today

As Tennesseans head to the polls, we face a variety of choices, from who we will elect as our next governor to what changes we may make to our Constitution. On the Ballot seeks to highlight some of these choices, with this edition’s focus being Constitutional Amendment #1.  

Constitutional Amendment #1 would expand the conditions in which a defendant can be denied bail.

If the amendment passes, a judge could, when proof is evident or the presumption is great, and at their discretion, hold without bail a defendant accused of the following crimes:

• An offense punishable by the death penalty
• An act of terrorism
• Second-degree murder
• Aggravated rape of a child
• Aggravated rape
• Grave torture
• Any crime that requires eighty-five percent of the sentence to be served

Supporters of the amendment include the Tennessee District Attorneys General Conference and the Tennessee Sheriff’s Association. They argue that the proposed amendment would improve public safety and protect victims. 

Opponents of the amendment include the ACLU of Tennessee and Memphis-based organization Just City. The ACLU cites upholding the presumption of innocence as the foundation of our justice system, judges’ existing powers to maintain public safety, lasting consequences of detention for defendants, and the additional pressure on local jails and taxpayers as reasons for their opposition.

Tennesseans can participate in early voting from now until Thursday, October 29, or cast their ballot on Election Day, which is November 3.

To read the full text of the amendment, see HERE.