Indiana voters will encounter two questions at the polls this November 3rd that involve proposed changes to Indiana’s State Constitution. This article will focus on the first question that will be on ballots, with a story to follow tomorrow regarding the second question voters will be asked.
The first of two constitutional amendment questions on the ballot proposes allowing judges to deny bail to individuals charged with offenses other than murder or treason if certain conditions are met.
Under current Indiana law, bail can only be denied to individuals charged with murder or treason when there is strong evidence against them.
The proposed amendment would allow bail to be denied if the evidence against the accused is strong and the state proves, by clear and convincing evidence, that no conditions of release would reasonably protect another person or the community.
Supporters of the amendment believe that expanding judicial authority to deny bail could improve public safety by allowing judges to take proactive measures when individuals are considered a risk to the community.
Opponents of the amendment believe that the amendment violates an individual’s right to be presumed innocent until proven guilty and could result in individuals being held in jail before they have been convicted of a crime.
The proposed change concerns Article 1, Section 17 of the Indiana Constitution, and is expected to be worded as follows:
“Shall the Constitution of the State of Indiana be amended to provide that a person charged with an offense other than murder or treason is not entitled to bail if: (1) the proof is evident or the presumption strong; and (2) the state proves by clear and convincing evidence that no release conditions will reasonably protect the safety of any other person or the community. (This question concerns Article 1, Section 17 of the Constitution of the State of Indiana.)”
A yes vote would amend the Indiana Constitution to expand the circumstances under which courts can deny bail.
A no vote would maintain the current constitutional restrictions on denying bail.
Indiana voters will have the opportunity to approve or reject the amendment during the November 3rd general election.
