Should Suspects Charged with Crimes Other than Murder Be Held without Bond? Indiana Voters Will Soon Decide
Supporters say the change would help keep repeat violent offenders jailed before trial, while critics warn it could expand pretrial detention and pressure guilty pleas.
- Hoosiers will vote this fall on a proposed constitutional amendment appearing on the November 3 ballot that would allow judges to deny bail if the state proves defendants cannot be safely released.
- Elkhart County prosecutor Vicki Becker supported the measure, arguing that recent bail reforms were applied inconsistently across Indiana, with some defendants released on bond committing offenses while awaiting trial.
- The Indiana Criminal Justice Institute reported 7% of defendants released on bail statewide last year were rearrested, while Allen County data showed 32% of those released on bail were rearrested while awaiting trial.
- Criminal defense attorney Mike Cunningham opposes the measure, warning it jeopardizes due process rights and may pressure defendants to plead guilty to avoid spending months in jail without a conviction.
- The amendment requires the state to prove by "clear and convincing evidence" that no release conditions can protect the community, though critics worry judges may accept weak evidence to deny bail.
12 Articles
12 Articles
Indiana Voters to Decide on Expanded Bail Powers for Judges
STATEWIDE — Indiana voters will decide this week whether judges should have more power to deny bail. The proposed constitutional amendment would allow judges to keep someone in jail before trial if the state can prove by clear and convincing evidence that the person poses a threat to public safety. It would apply to people […]
Should suspects charged with crimes other than murder be held without bond? Indiana voters will soon decide
INDIANAPOLIS — As polling places prepare to open this week, Indiana voters will notice a question on their ballot asking them whether to approve a constitutional amendment surrounding bail reform. Specifically, the question asks whether "a person charged with an offense other than murder or treason” should be denied bail if the state can prove [...]
Right to bail: Amendment asks voters to rewrite pretrial detention rules
Indiana judges may soon have the ability to deny bail for more defendants they believe pose a danger to the public. Defendants are guaranteed the right to bail under the Indiana constitution except in cases of murder or treason — even when a judge believes the defendant may reoffend while awaiting trial. Hoosiers will vote this […]
Information about two ballot measures
Indiana has two statewide ballot measures certified to be on the ballot on Nov. 3. The state legislature has referred a constitutional amendment to the ballot that would require city and town court judges to reside in the county where the court is located or in a county closest to the court which borders the county where the court is located. The legislature has also referred a constitutional amendment to the ballot to provide offenses other tha…
Right to bail: Amendment asks voters to rewrite pretrial detention rules - Dubois County Free Press, Inc.
by Mackenzi Klemann, Indiana Capital ChronicleOctober 5, 2026 Indiana judges may soon have the ability to deny bail for more defendants they believe pose a danger to the public. Defendants are guaranteed the right to bail under the Indiana constitution except in cases of murder or treason — even when a judge believes the defendant may... The post Right to bail: Amendment asks voters to rewrite pretrial detention rules appeared first on Dubois Co…
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