Colorado’s 2024 Amendment I: No Bail for First-Degree Murder – The Loophole Fix

Alright, folks, Amendment I is Colorado’s attempt to patch up a rather awkward loophole. Let’s break it down so you can decide if it’s worth your vote—or just another reason to roll your eyes at the ballot box.

What Is Amendment I, Anyway?

Amendment I proposes a constitutional change that would let judges deny bail for individuals charged with first-degree murder—if they determine the “proof is evident or presumption is great” that the suspect committed the crime. So, basically, if this passes, those accused of first-degree murder wouldn’t automatically have the right to bail anymore. It’s like closing a loophole that the state accidentally opened back in 2020 when they repealed the death penalty. Since that repeal, no crime in Colorado legally qualifies as a “capital offense,” making even first-degree murder suspects technically eligible for bail.

For those brave enough to tackle the actual text, check it out here.

What Does Amendment I Aim to Do?

The amendment is a reaction to the 2020 law that abolished the death penalty and, unintentionally, made first-degree murder bail-eligible. Lawmakers want to restore the state’s ability to deny bail to murder suspects deemed a flight risk or danger to society. If Amendment I passes, it reinstates the old rule—no bail for murder cases where evidence suggests the accused is likely guilty (but with a high legal standard).

The Pros

1. Public Safety First: Supporters say this will make sure that dangerous suspects don’t get a chance to flee or harm others while awaiting trial. It’s all about keeping potentially dangerous folks off the streets.
2. Fixes a Legislative Oopsie: This measure essentially restores what lawmakers intended all along—ensuring first-degree murder remains a no-bail situation. If it doesn’t pass, they say, it undermines public trust in the system.
3. Broad Legislative Support: Almost all lawmakers backed this measure, with only a few opposing it. So, bipartisan support is strong here.

The Cons

1. Innocent Until Proven Guilty?: Critics argue that denying bail could infringe on the principle that everyone is presumed innocent until proven guilty. They worry that letting judges make a pre-trial determination of guilt could influence the trial outcome and undermine due process.
2. Judicial Discretion Already Exists: Opponents point out that judges can already impose strict bail conditions, so there’s no need for a constitutional amendment. They say this is overkill when existing measures can achieve the same goals without stripping rights.

What the Colorado Blue Book Says…

Voting “YES” on Amendment I allows judges to deny bail to a person charged with first degree murder when the judge determines the proof is evident or presumption is great that the person committed the crime.

A “NO” vote on Amendment I requires judges to set bail for all persons charged with first degree murder.

The Bottom Line

Amendment I is essentially Colorado’s way of undoing a side effect of its death penalty repeal. It aims to re-establish the state’s authority to keep certain suspects locked up pre-trial when evidence is strong. If you believe public safety outweighs the risks of denying bail, this one’s for you. If you’re worried about due process and slippery slopes, you might think twice.

For more details, head over to The Colorado Sun and Ballotpedia.

Enough of this objectivity stuff, here’s how we’re voting

We’re voting yes. If you are charged with 1st Degree Murder and the evidence is strong against you, I think it is ridiculous that a judge would not be able to just keep your butt on ice.