Commentary: Ohio Issue 1 ‘Strikes a Balance Between the Competing Interests Behind the Granting of Bail’

On November 8, 2022, Ohio voters will have the opportunity to amend the Ohio Constitution in a way that supports and promotes public safety. Issue 1, the “Ohio Determining Bail Amount Based on Public Safety Amendment” will add the following language to the Constitution: “When determining the amount of bail, the court shall consider public safety, including the seriousness of the offense, and a person’s criminal record, the likelihood a person will return to court, and any other factor the general assembly may prescribe.” The proposed amendment strikes a balance between the competing interests behind the granting of bail: preserving the accused’s presumption of innocence against the community’s need for public safety.

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