District Attorney General Bryant Dunaway supporting a proposed constitutional amendment that would expand the authority of judges to deny bail for certain violent offenses.
The current Tennessee Constitution only allows a judge to outright deny bail in cases involving first-degree murder or capital offenses. The proposed change would give judges the discretion to deny pretrial release for other specific violent crimes where a victim or the public is in danger.
“So if a judge felt like the circumstances were such that a victim was in danger or the public was in danger because of the behavior of the defendant,” Dunaway said, “Then in those circumstances and after having a hearing the judge would have the discretion to have no bail.”
The amendment on next week’s ballot covers crimes including acts of terrorism, second-degree murder, aggravated kidnapping, and aggravated rape of a child. The proposal also applies to offenses tied to truth in sentencing laws, such as voluntary manslaughter, aggravated robbery, and reckless homicide.
“If somebody is a repeat violent offender and they get arrested again, I think that’s a good situation to ask the court to consider not having a bail,” Dunaway said. “Violent offense, it’s happened many times, and so this is somebody who is continuing to hurt somebody and hurt victims in our community.”
The process would require an evidentiary hearing where the prosecution must prove the likelihood of conviction is high. The judge would also be required to articulate the specific reasons for the ruling on the public record.
“Due process is the right to be heard having an evidentiary hearing, and the defendants in this case and in this state will still have that right even if amendment one is passed,” Dunaway said. “The judge could not deny bail without holding such a hearing.”
Dunaway said the proposed system mirrors the federal court system where judges hold hearings to decide if a defendant should be held in custody until trial. The measure aims to protect victims, such as those in domestic violence cases, who are exposed to repeated danger when a defendant is able to quickly post bond.
“It is not going to be appropriate in every case,” Dunaway said.