State lawmakers from both chambers as well as Attorney General Dave Yost are pushing for a proposed constitutional amendment that would grant local judges the ability to weigh public safety in determining a defendant’s bond.
COLUMBUS — The proposed amendment seeks to effectively go over the heads of the Ohio Supreme Court justices, which narrowly upheld a lower court’s ruling in January, holding that judges shall not use public safety concerns as a factor in determining bail.
In January, the Ohio Supreme Court narrowly upheld a lower court’s ruling in a case related to the question of whether a Hamilton County murder suspect’s $1.5 million bail was excessive. A county common pleas judge initially set DuBose’s bail at $1.5 million, citing state law that states judges shall release a defendant on the least restrictive bail conditions that also reasonably assure the defendant will appear in court.
“Presumption of innocence in court is not the same as pretending that a career criminal poses no threat on the street,” Yost said. “We believe that the interest of the community — the safety of the community — is just as important as a defendant's right to a fair trial and his presumption of innocence. We do not serve one at the expense of the other.”
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