Changes to Ohio’s Constitution were meant to be approached with scrutiny, and Issue 1 is an unjust and unnecessary attempt to alter Ohio’s Constitution. Issue 1 is problematic for three reasons. First, Issue 1 reinforces an unfair bail system in which Black, brown and poor Ohioans lose their freedom, while wealthy Ohioans are able to purchase their freedom. Second, it places cash bail permanently into Ohio’s Constitution, making it difficult to make improvements to our bail system over time. Third, our courts have the most expertise to make bail decisions, and yet Issue 1 takes power away from the Ohio Supreme Court and puts it in the hands of the legislature, with unfettered authority to set bail conditions according to politicians’ whims.
You may think, shouldn’t public safety be a factor? Don’t we care about threats to public safety?
Here’s the problem: Issue 1 will not result in public safety because cash bail does not keep us safe. Issue 1 will amend our state constitution to reflect the status quo, where wealthy, dangerous individuals can purchase their freedom simply because they have the money to do so. Cash bail results in jailing people who remain there simply because they don’t have the money to purchase their freedom. It criminalizes poverty and disproportionately impacts Black and brown people. This initiative only furthers the false narrative that cash bail is linked to public safety.
Cash bail’s sole purpose is to ensure a defendant’s appearance in court. If a court is concerned that a defendant poses a serious threat to public safety, that can be addressed through other non-financial conditions of bail such as a judge deciding to hold a defendant without bail; home confinement; electronic monitoring; and restrictions on where a defendant can go and whom they can have contact with, such as the victim or their family members.
There is a better pretrial system available to us pending in the Legislature. House Bill 315 is the result of bipartisan and broadly-supported coalition work that makes real improvements to Ohio’s pretrial system. House Bill 315 centers public safety and goes a long way to ending wealth-based detention. Issue 1, on the other hand, is the result of partisan politics that uses fearmongering to win cheap votes.
This amendment is opposed by the The Bail Project, the Ohio Fair Courts Alliance, Ohio Families Unite for Political Action and Change, Policy Matters Ohio, ACLU of Ohio, and more.
Cast a “NO” vote on Issue 1. This is a political stunt that has nothing to do with common-sense, substantive bail reform policies that will keep us safe.
Jessica Dickinson is the Outreach Manager with the Ohio Fair Courts Alliance.
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