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How many people would this affect each year?
The Constitutional Amendment, if adopted, would apply to roughly 4,100 dangerous criminals of the more than 53,000 criminal defendants prosecuted each year in Washington State.
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Will judges be required to deny bail?
No. The Constitutional Amendment is not an outright denial of bail, but rather a tool that gives judges the ability to consider denying bail under appropriate circumstances. In short, the judges will make the decision whether to set a reasonable bail or deny bail given the specific circumstances of each defendant and their crime.Â
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Will this deny defendants their right to due process of law?
No. Nothing changes the presumption of innocence, the right to a speedy trial, or the burden of proof necessary to convict suspected criminals. It simply allows a judge to consider holding the most dangerous criminals in custody while they await a fair trial. The vast majority of criminals would still be elegible for pre-trial release.
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What crimes would this apply to?
The Constitutional Amendment would protect the public from criminals charged with the rape of a child, human trafficking, kidnapping with sexual motivation, murder, and other crimes that would deserve a life sentence upon conviction.
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Are there other State's with a similar bail system?
Yes. Many other states across the nation already have a system that allows a judge to deny bail for certain offenses.  This already occurs in every state in the nation within the federal justice system. Each of the 94 United States judicial districts provides judges with much broader discretion to deny bail. In the federal system, a judge can deny bail if the defendant poses a risk of flight or a danger to the community. This is a much lower standard than the Remember Lakewood Constitutional Amendment.
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