Proposition 3 blatantly attempts to rip individual liberty out of the hands of Texans. If passed, Texans can essentially say goodbye to the fundamental principle of “innocent until proven guilty.” The ballot language reads, “The constitutional amendment requiring the denial of bail under certain circumstances to persons accused of certain offenses punishable as a felony.”  Prop. 3 weakens due process by normalizing pretrial punishment, leading to more individuals being detained pretrial. In the interest of protecting Texans during legal processing, Prop. 3 earns a “No” vote.

Although Prop. 3 would only apply to persons indicted of certain felonies, such as murder, indecency with a child, human trafficking, aggravated assault, kidnapping, robbery and sexual assault; it still aims to take away from the fact that in the U.S., there is a presumption of innocence. This is not about protecting criminals, but protecting constitutional principles, ensuring safety from government overreach. The U.S. justice system is built on universal rights, not conditional ones. 

The amendment requires a state attorney to demonstrate evidence that bail is inadequate to deter the accused from failing to appear in court or that there is a necessary assurance for the safety of the community. The “preponderance of the evidence” is a much lower burden of proof required as opposed to a typical trial’s necessary findings needed to remove innocence. A hearing and evidence are required to determine if the defendant should have bail denied before the trial of the relevant crime. Although this is a safeguard, it is insufficient because those accused would be evaluated based on prior offenses and perceived risk rather than the current charge — this is systematic oppression on full display. 

Prop. 3 also disproportionately harms people of color. Studies by the Sentencing Project found that people of color are more likely to have a criminal record and be assigned as safety or flight risks, leading to pretrial detention. Prop. 3 targets marginalized communities, perpetuating inequality and expanding jail populations without improving safety. 

During the bill’s signing, Abbott said, “This session, we confronted a crisis, a revolving door bail system that repeatedly released dangerous criminals back onto the streets.” Abbott spoke about keeping the Texan community safe, completely ignoring that those accused are also part of said community and must be protected. Just because someone is accused of committing heinous acts does not mean that they should have their legal protections stripped. Misapplying justice only leads to inequity. Protecting the rights of the accused protects the Constitution.

The Texas Civil Rights Project, Texas Criminal Defense Lawyers Association and Texas Jail Project disapproved of Prop. 3 during the legislative process. Texas Policy Research also opposed it, stating, “this amendment undermines individual liberty by expanding pretrial detention without conviction and curtails judicial discretion.”

Denying bail signifies more Texans will be held in jail before trial, despite their current legal innocence of the charge. This will ultimately lead to job losses — a disservice to all Texans. Texans should vote “No” on Prop. 3 for the benefit of their neighbors who are disproportionately attacked by the justice system.