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Under the Texas Constitution, most defendants have the right to be released on bail except for certain cases, such as those charged with capital murder or accused of certain repeat felonies." | Under the Texas Constitution, most defendants have the right to be released on bail except for certain cases, such as those charged with capital murder or accused of certain repeat felonies." | ||
== HRO == | ==HRO== | ||
Supporters say: | |||
By requiring judges to deny bail for certain cases | By requiring judges to deny bail for certain cases | ||
involving felonies such as murder, aggravated sexual | involving felonies such as murder, aggravated sexual | ||
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would ensure that only those individuals who posed the | would ensure that only those individuals who posed the | ||
greatest risk were denied bail. | greatest risk were denied bail. | ||
The proposed constitutional amendment also | The proposed constitutional amendment also | ||
would provide a distinct threshold for denying bail by | would provide a distinct threshold for denying bail by | ||
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ensuring that detention was based on specific findings and | ensuring that detention was based on specific findings and | ||
grounded in the required evidentiary standards. | grounded in the required evidentiary standards. | ||
Proposition 3 also would include several procedural | Proposition 3 also would include several procedural | ||
safeguards to protect defendants’ rights. Defendants | safeguards to protect defendants’ rights. Defendants | ||
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Code of Criminal Procedure to protect a defendant’s right | Code of Criminal Procedure to protect a defendant’s right | ||
to a speedy trial. If these deadlines were not met, a judge | to a speedy trial. If these deadlines were not met, a judge | ||
would have to lower a defendant’s bond amount. | would have to lower a defendant’s bond amount. | ||
Critics say: | |||
Proposition 3 could lead to longer pretrial detentions | Proposition 3 could lead to longer pretrial detentions | ||
for individuals who had not been convicted of a | for individuals who had not been convicted of a | ||
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exacerbate racial disparities in the state’s criminal justice | exacerbate racial disparities in the state’s criminal justice | ||
system, as people of color are already overrepresented in | system, as people of color are already overrepresented in | ||
Texas jails. | Texas jails. | ||
Creating evidentiary standards for denying bail | Creating evidentiary standards for denying bail | ||
without establishing a specific timeline by which this | without establishing a specific timeline by which this | ||
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taxpayer costs without commensurate public safety | taxpayer costs without commensurate public safety | ||
benefits. | benefits. | ||
Other critics say | Other critics say | ||
Proposition 3 should include a requirement for | Proposition 3 should include a requirement for | ||