They Want A Safer State: Wisconsin Voters Try To Make It Happen By Changing Key Amendment

Fox News reports that voters are set to vote on a constitutional amendment that will make it harder to get out of jail using bail in the state. This amendment would allow judges to consider past violent crime convictions of an individual seeking bail in the state. This might mean the judge could set a higher bail limit for those with that history. The measure is broken into two separate ballot initiatives.

The backers of this bill say that it is about keeping communities safer. However, detractors insist it can lead to higher bail amounts, impacting people experiencing poverty far more than any other group.

April 06, 2023

The purpose of bail is meant to allow defendants to have the chance to go home to work on their case instead of dealing with it from a jail cell. It is not meant to be a punishment; all defendants are presumed innocent until proven guilty. Some advocates of this bill state that if the judge in the case believes that an individual is a threat to public safety, they should be permitted to hold that individual without bail for a prolonged period. After all, they insist that this is just about helping to keep the public safe from those who might commit violent acts.

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Right now, Wisconsin law has an extremely high bar to cross to hold someone without bail, and it is seldom an option used. Advocates of these amendments would like to see that bar lowered to some extent to make it easier for a judge to use critical thinking to keep potentially violent criminals behind bars.

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Fox News reports that support for this change increased after Darrell Brooks drove his SUV through a gathered crowd at a Christmas event in 2021. When he did this, he killed six people and injured 60. His bail was set at $5 million for this crime, but he was out of jail for an unrelated charge on bail of just $1,000. If his bail had been higher or nonexistent, he might not have been out in public and able to commit the horrific crimes he did. If Brooks hadn’t been out of jail, people’s lives might have been spared.

Research shows that those out on bail are likelier to lose their job or commit another crime. Voters will have their say on the amendment in Wisconsin.