Public Comment

Tennessee SJR 25 proposes changing the state Constitution’s bail provision. It would permit denial of bail, when the proof is evident or presumption great, for terrorism, second-degree murder, aggravated rape of a child, aggravated rape, grave torture, and offenses that as of November 3, 2026 require at least 85% of a sentence to be served before release. The amendment expands the categories in which a defendant may be detained before conviction, placing public-safety concerns against the presumption of innocence and the risk that pretrial detention becomes punishment before guilt is adjudicated. Some charges involve risks that ordinary bail conditions may not control, but accusation is not conviction. A fair system should tie detention to serious offenses, strong evidence, and individualized judicial findings rather than treating every defendant in a category as already guilty.

For which serious charges should Tennessee judges be able to deny bail before trial?

Overall results

1
64% support · excluded by 3%
7

Judges need authority to detain defendants facing the most serious violent charges when evidence is exceptionally strong and release creates substantial risk.

7

Constitutional detention authority should remain tied to specifically enumerated categories rather than an open-ended executive definition of dangerousness.

2
51% support · excluded by 14%
7

Murder and terrorism involve obvious community-safety concerns that justify a narrower exception than the full proposal.

7

The Constitution can address the clearest high-severity cases without creating a broad offense list that may expand as sentencing statutes change.

3
48% support · excluded by 6%
4
36% support · excluded by 11%

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