A year ago, the American people watched in horror as 23-year-old Iryna Zarutska was brutallystabbed in the neck while on her way home from work on a train in Charlotte, North Carolina. Her alleged attacker, Decarlos Brown Jr., is a violent career criminal who wasout on cashless bail with only a written promise to show up for court.
Following this tragedy, President Donald Trumpsaid that "we cannot allow a depraved criminal element of violent repeat offenders to continue spreading destruction and death throughout our country."
Tennessee is taking this charge seriously. We've enacted smart-on-crime policies over the past five years to protect families, reduce recidivism and lock up the violent
criminals who are unleashing carnage on communities.
On Nov. 3, Tennessee voters have the opportunity to enshrine another critical public safety measure into our state constitution, one that builds on these efforts by giving judges greater authority to keep the most dangerous offenders behind bars before trial.
What Amendment 1 would change in Tennessee's bail system
Amendment 1 is a proposed constitutional amendment to expand the violent offenses for which a judge can deny bail to include crimes such as terrorism, second-degree murder, aggravated rape of a child, grave torture and certain other serious offenses.
You might be shocked to learn that under Tennessee's constitution, judges cannot deny bail for these offenses even though the accused often pose a risk to community safety. As it stands, the state constitution guarantees the right to bail in all cases except capital offenses.
That means a judge's hands are often tied when it comes to bail for violent offenders, even when the circumstances might otherwise warrant keeping an offender behind bars.
Judges would gain discretion, not a mandate
Amendment 1 would change that.
It would give judges the constitutional authority to deny bail in these serious cases when the required evidentiary standards are met. It would not require judges to deny bail in every case. Instead, it would give them the discretion to make that determination based on the facts before them. And when a decision is made, it must be explained on the record.
A recent opinioncolumn by a Democratic lawmaker (and bail bondsman) rhetorically asked readers: What would Tennessee's Amendment 1 do for you?
"Probably not much," he argued.
It's no surprise that Democratic leaders are opposed to Amendment 1, given theirembrace of rioters andfundraising efforts to put murderers and rapists back on the streets.
But here's what Amendment 1 really means for your family: greater confidence in Tennessee's judicial process, better protections for victims and safer communities for all to enjoy.
Why supporters say public safety is at stake
I think about the lives that could have been saved had this reform already been in place.
Two years ago, on Easter Sunday, acareer criminal opened fire in a Nashville restaurant,killing one man and injuring six others. But this tragedy should have been avoided. The suspected shooter wasout on bond for another violent crime.
There are few things worse than releasing an accused criminal, only to find out they committed another crime against another victim. Our judicial system is designed to protect our communities, support victims and lock up the men and women who threaten public safety.
Allowing someone who commits a heinous crime to post bail and walk free is an insult to all Tennesseans.
Closing the revolving door for repeat violent offenders
We have seen the devastating consequences of soft-on-crime policies, lax bail laws and woke judges across the nation. This critical change to our state constitution will help close the revolving door of the criminal justice system while still allowing reasonable and affordable bail for non-violent offenses.
A soft-on-crime approach has never worked and never will. That's why in Tennessee, we've been smart-on-crime: locking up criminals, protecting victims and ensuring families never live in fear. As a result, crime rates have plummeted, and we're not done yet.
A common-sense step for a safer Tennessee
I was honored to cosponsor this measure and carry it in the House on behalf of House Speaker Cameron Sexton. Amendment 1 is a common-sense change that will modernize Tennessee's bail system and keep dangerous offenders behind bars.
For a safer Tennessee, vote yes on Amendment 1 on Nov. 3.
Dan Howell represents District 22 in the Tennessee House of Representatives, which includes Meigs, Polk and part of Bradley counties. Howell chairs the House Transportation Committee.
This article originally appeared on Nashville Tennessean: Vote yes on TN Amendment 1 to keep violent offenders jailed | Opinion
