KNOW YOUR RIGHTS. KNOW WHAT’S CHANGING. NO ON AMENDMENT 1.

It would change the Tennessee Constitution to allow judges to deny bail (hold people in jail without bond) for many more offenses beyond capital crimes, when the court finds the “proof is evident or the presumption of guilt is great.”

Yes. Article I, Section 15 of the Tennessee Constitution has protected the right to bail since 1796, with an exception only for capital offenses (first-degree murder eligible for the death penalty) when the proof is evident or the presumption is great. Amendment 1 expands that exception to a much longer list of crimes.

The Tennessee Constitution should only be amended for the most compelling reasons. Expanding the power to detain people who have not been convicted is a major change to a 230-year-old protection. Once the Constitution is amended, it is very difficult to reverse.

There is no strong evidence that expanding pretrial detention of the unconvicted will significantly reduce crime. Public safety is better served by effective policing, strong prosecution of serious cases, swift court proceedings, and targeted supervision of high-risk defendants—not by locking more people up before they are found guilty.

The 85% offenses include not only serious violent crimes but also aggravated burglary, certain firearm offenses, repeated drug-trafficking convictions, reckless homicide, vehicular homicide (non-DUI) and multiple variations of aggravated assault. See the 85% offense list.

People accused of crimes are presumed innocent until proven guilty. Amendment 1 would make it easier to hold more people in jail for months (or longer) before any conviction. Pretrial detention often pressures people to plead guilty just to get out of jail, even if they have a strong defense.

Judges already have tools to address the most dangerous defendants. Expanding no-bail detention risks overcrowding local jails, increasing costs for county taxpayers, and disrupting jobs and families for people who may ultimately be acquitted or receive probation.

Yes. Local governments can improve coordination between law enforcement and prosecutors, prioritize the most serious cases, expand proven supervision and intervention programs, and push for faster case processing in the courts. These practical steps address public safety without rewriting constitutional rights.

Supporters generally emphasize public safety and giving judges more authority. Opponents include those who prioritize constitutional protections, the presumption of innocence, limiting government power, and avoiding higher jail costs for local taxpayers. Survey data shows many voters, especially Independents, become more skeptical once they learn the full scope of the change.

Because it permanently expands the government’s power to jail people who have not been convicted, goes well beyond the most serious capital crimes, and is unlikely to make Tennessee safer while raising costs and weakening a constitutional right that has stood since 1796.