Prosecutors Desk 5-12-10

Most people are familiar with the concept of “presumed innocent,” and “beyond a reasonable doubt,” but there is another term that is used often in court proceedings; “presumption of release.” It comes from our State Constitution and applies to bail possibility for offenders who are arrested and awaiting trial. Not many citizens are aware that our State Constitution carries a “presumption of release” for offenders awaiting trial on serious crimes.

Article 1, section 20 of our State Constitution currently reads: “All persons charged with a crime shall be bailable by sufficient sureties, except for capital offenses. . .” That means in the 99.9% of felony cases that are not capital offenses, the court must set a bail amount that will allow a defendant and a bail bond company an opportunity to try to secure the defendant’s release from jail pending trial.

The presumption of bail does not always act in the interest of public safety. Prosecutors try to guess at an amount of bail that will keep the defendant in custody, and try to convince the court of this amount. The court must balance the state’s request with the presumption of release guaranteed by the State Constitution. Inconsistent bail industry practices also work to make this whole process less predictable. When the prosecutor’s office makes a mistake or the court gets it wrong, dangerous offenders and those with no intention of returning to court can bail out of jail.

This November, voters will be asked to give final approval to a Washington State constitutional amendment to make it easier for judges in our state to deny bail for defendants who are facing a life sentence and who are deemed too dangerous for release back into the community pending trial.

This amendment was passed by the Legislature this past session and is commonly referred to as “The Lakewood Police Officers’ Memorial Act” in memory of the four Lakewood Police Officers who were murdered last November by a defendant who had posted a small amount of bail, even though he faced a very serious felony charge and had a long criminal record. Now it is up to the citizens of our State to determine if this is a tool they want to give to the Judges. If this amendment is passed, it will take effect January 2, 2011. Watch your general election voters’ pamphlet and local media for continued coverage and debate on this issue.

Adapted with permission from Dan Satterberg, King County Prosecuting Attorney

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