Texas Constitution talk:Article I, Section 11-d: Difference between revisions

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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:


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  

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