Vote YES on Washington HJR 4220
Washington voters will be deciding on a measure that would add a provision to the state constitution relating to bail for persons accused of committing crimes. If approved by voters, the measure would amend Article I, Section 20 of the Washington Constitution, as follows:
Article I, section 20.
All persons charged with crime shall be bailable by sufficient sureties, except for capital offenses when the proof is evident, or the presumption great. Bail may be denied for offenses punishable by the possibility of life in prison upon a showing by clear and convincing evidence of a propensity for violence that creates a substantial likelihood of danger to the community or any persons, subject to such limitations as shall be determined by the legislature.
This measure was drafted after the shooting and killing of four Lakewood police officers by Maurice Clemons, a felon from Arkansas who had been released on bail bending a trial that would have resulted in a life prison term. Given the initial confusion concerning this case, it is not a certainty that this measure would have resulted in Clemons being denied bail in this particular case.
I am recommending a YES vote on this measure, but I do so with reservations. Please let me explain.
I feel that it is important that our judges have the ability to keep dangerous people off the streets in the situation really warrants that solution. If it is perfectly clear that this is a necessary tool to keep our citizens safe.
However, I also feel that this is a tool that needs to be used very, very sparingly. Unfortunately, there is a lot of room for abuse if we allow it to happen. While it may be clear that a particular person, because of the specific circumstances of their crimes or the surrounding story, might be denied bail, it is also very important that this be a tool that is only used in the most clear of circumstances.
I, like a lot of people in the state, was appalled by just how difficult it is to keep criminals in jail when necessary. On the other hand, we cannot let the image of Maurice Clemons and his grizzly crime taint the concept that all people are innocent until they are proved guilty. There needs to be a very compelling reason to invoke this provision. It can be a useful tool. But we need to go out of our way to ensure that this measure is not used on a regular basis. As much as possible, we must allow our accused citizens the opportunity to be free on bail until they are proved guilty.
On this measure, you may need to vote your vote your conscience and vote no. I would understand if you did. But we do need to consider that it is particularly difficult under Washington law to withhold bail if necessary to provide safety to the public in general. I would recommend a YES vote, however I also recomend keeping tabs on how this tool is used in the future.
October 19th, 2010 at 10:05 pm
This is but yet another attempt to deny equal protection under the law, under the Constitution and further negate the concept of due process. It’s decidedly a “feel good” response to a tragic event, nonetheless a measure that has not been well-conceived . . . as with almost all law enacted post 9/11, we continue to see our civil liberties disappear through legal errosion. Didn’t George Bush Jr. exclaim that terrorism would never force America to change its way of life? Short-sighted laws like Res. No. 4220 show exactly the opposite has happened, and the phenomenon will continue unabated as long someone, somewhere, can find any excuse to cut just another few branches off our liberty tree.
November 2nd, 2010 at 8:59 pm
haha whatever