Voters in Ohio and Alabama on Tuesday chose to make their states' respective cash bail systems more stringent, electing in different ways to enshrine a dangerousness standard when determining a defendant's suitability for release before trial.
Ohio's new constitutional amendment will allow judges to set a dollar amount commensurate with a person's criminal record, the seriousness of their alleged crime, and their odds of appearing at court following pretrial release. The Ohio Senate ushered the initiative forward in direct response to a ruling from the state's highest court, which said in early January that bail could only be used to ensure a defendant's presence at trial—the constitutionally prescribed reason for its use.
