By Editorial Board | Editorial, Rocky Mountain Voice
Ballot language: Shall there be an amendment to the Colorado Constitution concerning creating an exception to the right to bail for cases of murder in the first-degree when proof is evident or presumption is great?
How it reached the ballot: House Continuing Resolution 24-1002, supported by a 59-5 vote of the House and 35-0 vote of the Senate. Not only did the bipartisan measure carry unanimous support in the Senate, but it also was sponsored by almost every member. The measure was opposed in the House by the most extreme, far-left Democrats.
Background: The authors of the measure seek to prevent those charged with first-degree murder from being eligible for bail “if proof is evident or presumption is great.” When bail is granted, the suspect is seeking release while awaiting trial on first-degree murder charges. Currently, only those charged with capital offenses can be denied bail, but without first-degree murder carrying a range of punishment including the death penalty, it is argued the first-degree murder charge is no longer a capital offense. The measure includes a 90-day period for trial to begin or requires bail to be offered, if the delay was not caused by the defense. Amending the Colorado Constitution requires a 55% vote of support.
Our take: There should be no question that anyone believed to have committed murder is not safe to release back into society, and should not be granted bail. We would note the death penalty was a deterrent from committing murder, but that’s an argument for another day. An argument cannot logically be made to allow murder suspects to be granted bail, so they may walk free until their trial. This exception is reasonable, and perhaps more violent felony charges should include an option of the same. This in no way restricts the right of the accused; they will have their day in court. We simply ask you to send a message with your vote that you support tough on crime policies. Keep murder suspects in confinement and out of society.
Our guidance: Yes.
Editor’s note: Opinions expressed in commentary pieces are those of the author and do not necessarily reflect the opinions of the management of the Rocky Mountain Voice, but even so we support the constitutional right of the author to express those opinions.