Amend state Constitution?

Yes Amendment would benefit public safety, end unfair detention of the poor

It’s a straightforward question: Should judges in New Mexico be required to release dangerous or repeat criminal defendants on bail even when they believe these individuals pose a risk to the safety of others and to our communities? We, the Committee for Smarter Justice, believe they should not and that our state court judges should have the same authority that federal judges do to deny bail to dangerous defendants in appropriate cases. It may come as a surprise to many New Mexicans that our state Constitution allows virtually all criminal defendants to be released from jail prior to trial. In years past, this has meant that judges have traditionally found themselves stuck between a rock and a hard place. When they encounter a truly dangerous offender, do they release the individual back into our neighborhoods and hope for the best? Or, do they set an arbitrarily high bond for the defendant in an effort to keep the person detained, effectively holding the person in jail because they simply can’t afford to get out? Recently, the New Mexico Supreme Court ruled the latter practice unconstitutional, saying that setting bond higher than a person’s ability to pay denies them of their right to be innocent until proven guilty. Which brings us to today. We echo the public’s frustration at the seemingly steady stream of news stories about dangerous criminals boomeranging in and out of jail, committing crime after crime. We also sympathize with police officers who are arresting the same violent people or habitual thieves over and over, likely wondering if each encounter is the one that will go wrong — the one that will prevent them from going home to their families at the end of their shift. New Mexicans have an opportunity on Nov. 8 to do something to address this problem. On the ballot this year is a proposed amendment to our state Constitution that would finally allow District Court judges to assess how dangerous a criminal defendant is, in addition to whether the person poses a flight risk, and hold that individual in jail until trial in order to protect the safety of others and the community. Federal court judges and judges in a number of other states already have this discretion and authority, and the U.S. Constitution allows for it as well. The Committee for Smarter Justice brings together local governments, businesses, and judicial interests, and we strongly urge New Mexicans to vote “yes” on this proposed constitutional amendment. It is supported by Republicans and Democrats alike, including Mayor Richard Berry, Gov. Susana Martinez, and Supreme Court Chief Justice Charlie Daniels, and it was approved overwhelmingly by the state Legislature earlier this year. Another portion of the proposed constitutional amendment would explicitly prevent anyone who is eligible for pretrial release — those who do not pose a serious threat to public safety or are a flight risk — from being detained in jail solely because they lack the financial means to post bond. We agree that there are too many low-risk offenders sitting in local jails, waiting for trial, simply because they are poor. This comes at a high cost to taxpayers and is generally detrimental to an offender’s future and the stability of his/ her family. Studies also indicate that pre-trial release conditions for many of these offenders can be effective in minimizing the further commission of crimes. Consequently, yes, the passage of this amendment would be an important step forward in reforming and improving our criminal justice system, but most importantly, it would keep New Mexico families safer than they are today. For those who have no regard for public safety, for those who would seek to intimidate witnesses, and for those who have a pattern of repeatedly ignoring the law and terrorizing our homes and businesses, it is imperative that we keep them behind bars to limit the damage and devastation they can cause. We live in a wonderful state, but we cannot ignore the fact that increased criminal activity by violent and repeat offenders has the capability of undermining our economic potential and future growth. There is no easy or simple answer to attacking crime, but voting for the constitutional amendment on bail this November will make keeping dangerous criminals off our streets much easier and our future much brighter.