By Josh Riddick
Live Free USA
October 23, 2026
On November 3, Indiana voters will decide whether to amend our state Constitution to give judges broader authority to jail people without bail while they await trial.
I’m voting NO on Public Question 1 — and here’s why.
For 175 years, Indiana’s Constitution has protected the right to bail, with limited exceptions for murder and treason when the proof is evident or the presumption strong. That language dates to 1851, a decade before Abraham Lincoln became president.
Think about that.Through the Civil War to the Civil Rights era, this constitutional protection has endured. Now we’re being told it needs to change?
Violent crime across the state is at a statistical low, but now the legislature thinks the best move forward is taking away some of our rights in the name of public safety? How badly have our lawmakers failed to manage our criminal justice system that changing a 175-year-old constitutional protection is the answer?
Let’s be clear. Indiana’s criminal justice system is not working. Overcrowded jails, backed-up courts and communities that do not often feel safe are real concerns and deserve real solutions. But protecting public safety and preserving constitutional rights are not mutually exclusive goals. We should be able to accomplish both.
Public Question 1 expands the government’s constitutional authority to incarcerate people who have not been convicted of a crime, potentially for virtually any criminal offense, including misdemeanors. This is a step backward, not a move towards a better future.
Supporters point out that the state must demonstrate by clear and convincing evidence that no conditions of release would reasonably protect the public. While this sounds like an important safeguard, the amendment still expands judicial discretion to detain people based on predictions about their future behavior, regardless of the seriousness of the alleged offense. Simply put, if a judge thinks you’re a threat because of an alleged crime, you lose your right to bail.
Consider someone arrested for operating a vehicle while intoxicated. Impaired driving is unquestionably dangerous. But even a first-time defendant charged with a misdemeanor could potentially be held without bail if a judge determines that no release conditions would adequately protect the public. This doesn’t keep us any safer when courts already have tools such as alcohol monitoring, ignition-interlock devices and driving restrictions. Shouldn’t those alternatives be considered before denying someone bail? A misdemeanor for stealing food from a grocery store? You can lose bail. Struggle with substance abuse disorder and get arrested instead of treatment? ou can lose bail.
Judges already have substantial authority to impose bail and conditions of release, including supervision and electronic monitoring. The General Assembly should be asking whether these tools are being used effectively before trying to make a sweeping change to the state constitution.
Another principle is at stake that should concern every Hoosier, regardless of how you vote. In America, we are presumed innocent until proven guilty. That doesn’t mean dangerous individuals should be free to threaten our communities. It means the government must exercise extraordinary caution before depriving someone of liberty without a conviction.
Pretrial incarceration has real consequences. Just a few days in jail can mean losing a job, falling behind on rent, or being unable to care for children. For lower-income residents of Indiana living paycheck to paycheck, those consequences can be devastating. And they can occur before anyone has been convicted of a crime.
I want my neighborhood to be safe and yours to be safe too. I want a criminal justice system that is fair and just. Public Question 1 doesn’t get us either of these things. There are real policy solutions that get us closer to that reality, but we need elected officials with the political will to get there with us, not ask voters to weaken constitutional protections because the system they created isn’t working.
If elected officials think Indiana’s criminal justice system is failing, don’t blame the Constitution. Fix the system they created.
On November 3, vote NO on Public Question 1. Our constitutional rights shouldn’t become casualties of legislative failure.
Josh Riddick is Live Free USA’s State Organizing Manager in Indiana. Since moving to Indianapolis, Josh has been a pastor, racial equity trainer, and civic dialogue facilitator at Black Church Coalition. His current organizing work focuses on building a public safety apparatus that is not reliant on the carceral system and law enforcement. The views expressed are those of the author and do not necessarily reflect the views of The Indiana Citizen or any other affiliated organization.
