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On June 20, 2023, the Colorado Supreme Court declared that all people charged with first-degree murder are eligible for a pretrial release, forcing judges to provide a set bail. This ruling is in response to the confusion surrounding the abolishment of the death penalty in 2020. In turn, removing first-degree murder as an exception to the bail requirement. Before the ruling in 2020, for first-degree murder to be considered an exception 1. Large Presumption and 2. Evidence is apparent. A common practice for judges to follow the evidence presented in the initial hearing. To refuse bail, the presumption would have to be greater than that required for arrest, but less than required for a conviction. The current laws are laid so every trial containing first-degree murder judges have to set bail.
What will Amendment I do?
It will restore the judge's right to deny bail given certain criteria as it was before 2020. The same requirements for the denial of bail will be the same being, Proof is evident, and presumption is great.
Other impacts if instated
The reviewing of a person to see if they meet the requirements to deny bail. This would increase the workload of state trial courts, state agencies providing representation for indigent people, and the local district attorney offices. While expected to not occur often it is still something to keep in mind.
What is First-degree Murder defined as?
The action of one person with a distinct intent to kill another person is preplanned. Other situations pertaining to first-degree murder would include
Showing extreme indifference to human life while engaging in conduct that could knowingly kill another person which then results in a death
Ex. Driving drunk causing a crash to kill another person
Providing a controlled substance to a child on school grounds who dies as a result
Ex. Giving a child a controlled substance such as cocaine on school grounds that would eventually lead to the child dying
A person in a position of trust knowingly causing the death of someone under 12 years old
Ex. Watching a child mess with a fire without interfering leads to the child getting severe burns leading to death
Why should you vote YES?
Voting yes would mean restoring the precedent used previously, allowing judges to deny bail. This doesn’t mean that judges would be allowed to consistently refuse bail for persons charged with murder in the first degree. The standard of presumption is great and allows for a large safety net for the people to be allowed bail protecting against the judge's ruling. The people the “great presumption” pertains to would be a danger to the public.
Why you should vote NO
Voting NO would mean that every individual has the right to bail. If Amendment I was instated this would lead to the possibility of an innocent person doing time in jail for a crime they didn’t commit. If the accused person is considered dangerous, and likely to commit another offense under the current rules, judges already have the discretion to set a restrictive bail.
Glossary
Bail: The temporary release of an accused person before trial. Generally, a set monetary value is to assure the person will appear in court
Restrictive bail: This will do the same thing as a bail using more restriction. Some restrictions include forcing one to stay in one spot(House, state, or country), Regulated contact with the alleged victim, or drug or alcohol assessment.
Presumption: An idea while not known for certain widely considered true
Abolishment: Removal of, in this case, the death penalty
Amendment: A change to the Colorado constitution
Cast Your Impala Ballot
The Impala Ballot is a polling system we plan to use to look at the issues our community cares about and where their feelings lie. These polls are in no way affiliated with any party in the area and the information will only be used by the Poudre Press and potentially PHS Government classes.
Amendment I: Are you planning to vote/want to vote for or against?
Yes to Amendment I
No to Amendment I
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