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Show Arguments For The right to bail of criminally accused persons granted by the Utah Constitution goes far beyond the bail rights guaranteed guaran-teed by the U.S. Constitution. The current bail provision ot tne 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 tne 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 the jurisdiction 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 would also: 1. Give judges the right to deny bail only if certain factors and criteria are present. Bail for most offenses would still be allowed. 2. Remove unreasonable restrictions on the discretion of judges 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 1! Senator Winn L. Richards 5301 Old Post Road Ogden, Utah 84403 Senator Darrell G. Renstrom 1145 East 1675 North North Ogden, Utah 84404 |