Proposal to Deny Bail for More Defendants

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    NEWSLETTERS

    Delaware's Senate has approved a proposed constitutional amendment allowing bail to be denied for defendants charged with noncapital crimes.

    The amendment, backed by Attorney General Beau Biden, failed to win the required two-thirds majority in the 21-member Senate last week.

    But lawmakers voted early Monday to rescind the previous roll call and approved the measure 19-to-2.

    The amendment, which must pass two consecutive legislatures, likely will not be considered by the House until next year.

    Under the state constitution, bail can be denied for capital offenses, which under current law means only first-degree murder. 

    Supporters of the amendment argued that judges should be able to deny bail for defendants charged with other violent felonies if they believe pretrial detention is the only way to reasonably ensure public safety.

     


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