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Show HM Rebuttal to Arguments For The nght to bail of criminally accused persons granted by the Utah Constitution goes far beyond the bail rights guaranteed by the U.S. Constitution. The current bail provision of the Utah Constitution guarantees bail to ALL prisoners except those charged with capital murder, parolees, and probationers As a result, almost any prisoner charged with a crime has the constitutional right to bail in Utah regardless of the seriousness of the crime charged and without regard for the fact that the person may be a danger to the community if allowed to roam free These provisions of the Utah Constitution are far more liberal than the bail rights guaranteed in the U S Constitution The Utah Constitution does not give judges the ability to deny bail when warranted. The present bail provisions of the Utah Constitution do not give Utah judges the discretion to deny bail for charges involving serious offenses such as second degree murder, criminal sexual abuse, rape, and other felonies As a result, many dangerous persons charged with serious violent crimes are allowed to roam the streets of our cities Judges should be allowed to deny bail to persons who present a clear and present danger to the community. While the rights of criminal defendants are important and should continue to be considered, the general public and victims also have rights that must be protected Persons who have been charged with serious crimes should not be allowed to continue to commit crimes against innocent victims while awaiting trial Judges should be allowed to deny bail to persons who are likely to flee the jurisdiction of the court. The Utah Constitution currently guarantees the right to bail for nearly all persons charged with a crime even if those persons have shown in the past that they are likely to flee thejunsdiction of the court at the first opportunity Judges should be given the discretion to deny bail in these cases in order to prevent circumvention of the criminal justice process In addition to the arguments stated, Proposition 1 2 1 would also: Give judges the right to deny bail only if certain factors and criteria are present Bail for most offenses would still be allowed Remove unreasonable restrictions on the discretion ofjudges by allowing bail to be set in Utah in a manner similar to that used by federal judges A vote for Proposition 1 is a vote for the victims of crime and for judicial restraint and efficiency in the criminal bail process Vote FOR Proposition l1 Senator Winn L Richards 5301 Old Post Road Ogden, Utah 84403 Senator Darrell G Renstrom 1145 East 1675 North North Ogden, Utah 84404 Arguments For Proposition ho I Proponents of Proposition and err in argument. 1 beg the fundamental issues, Right to bail in Utah does not go far beyond the bail rights " guaranteed by the U S Constitution The Eighth Amendment simply states that Excessive bail shall not be required, nor excessive fines imposed The Fourteenth Amendment applies this guarantee to the states, so that Utah, as well as Alabama, South Carolina, and Texas, must meet this minimum standard States are free to give the accused more protection than the federal minimum What is of concern here is the new language, not addressed in proponents argument, as to how a substantial evidence" standard affects our fundamental right to be free from incarceration while still presumed innocent Proponents appear to support a "police state mentality where anyone the authorities" deem dangerous can be locked up indefinitely in crowded, unwholesome, and often violent jails, away from their families Often the decision to incarcerate lies more with the accuseds poverty, appearance, or other arbitrary reason , ' j j j .. j r Lets not let our fundamental freedoms get diluted any Utah has too many problems with a backward image already, even though its existing constitution and appellate courts are probably of national envy Let's not regress to the level of the pre sixties American South more vote AGAINST Proposition 1 is a vote for liberty, for constitutional law, for our great republic, and most of all for the best Utah has to offer j ' A R Clayton Huntsman, Attorney 2 West St George Boulevard Ancestor Square, Suite 31 St George, Utah 84770 j |