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Tennessee’s constitution limits when judges can deny bail before trial. Amendment 1 would give judges greater authority to detain defendants they determine pose serious risks.
When a criminal defendant walks into a courtroom in the United States, a judge makes two decisions: First, she determines whether there is probable cause to believe the defendant committed the offense, and she will also decide whether the defendant is likely to flee justice or revictimize his community.
Continue reading the entire piece here at The Tennessean (Paywall)
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Rafael Mangual is the Nick Ohnell Fellow at the Manhattan Institute, a contributing editor of City Journal, and a member of the Council on Criminal Justice