On November 8, voters will get to vote on whether or not to ratify Aniah’s Law constitutional amendment. Amendment 1 will be on the ballot for ratification by Alabama voters in the midterm election.
Under current Alabama law, judges have limited authority to deny bail to violent offenders unless the suspect is charged with a capital offense or poses a flight risk. That means that dangerous criminals are often released back onto the streets, even when it’s likely they will commit more violent crimes as soon as they make bail.
This contributed to the spike in violence during COVID-19 when the courthouses shut down or were unable to hold jury trials. This has gotten so bad that in March, Mobile Mayor Sandy Stimpson complained that 300 charged murderers were out on the city streets awaiting trials that, in some cases, have been delayed years. In some cases, they have re-offended while out on bail – and in other cases, they themselves became murder victims.
If the majority of Alabamians vote for Aniah’s Law – Amendment 1 – on November 8, judges will be able to deny bail to dangerous offenders who are likely to re-offend when they are charged with serious felonies like murder, kidnapping, rape, sexual torture, domestic violence, human trafficking, burglary, arson, robbery, terrorism, or aggravated child abuse.
This law was named in memory of 19-year-old Southern Union Community College student Aniah Blanchard, who was kidnapped at a gas Lee County gas station. She was subsequently raped, brutalized, and murdered in 2019. Her accused murderer was a known violent offender who was then out on bail awaiting trial for charges of kidnapping, attempted murder, and robbery.
Aniah’s Law passed both houses of the Alabama Legislature unanimously in April 2021.
The 1901 Constitution had made bail a right as a few Alabama counties in the 1880s and 1890s had sheriffs who routinely arrested people on charges and then leased out those prisoners to farms, coal mines, quarries, and road projects for hard labor. In many cases, the accused were later exonerated when the juries found them not guilty, but months of their lives had been spent chained up for crimes they did not commit.
Under Alabama law, a proposed constitutional amendment has to pass both Houses of the Alabama Legislature with a supermajority. They then have to be ratified by a vote of the people.
To connect with the author of this story, or to comment, email brandonmreporter@gmail.com.
