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?