As a public defender, A C Wharton fought "vehemently" for an accused criminal's presumption of innocence and right to bail.
But as the mayor of a county shaken by crime, Wharton is now pushing
for a change in the state constitution that would allow Tennessee
judges to deny bail and detain offenders before trial for serious
crimes.
The goal, the Shelby County mayor said, is to keep more criminals
off the streets and to send a message that serious crime really does
mean jail time.
"It sends the wrong signal to our neighborhoods when they see
individuals accused of grave and serious crimes continuing to walk the
streets ... while the judicial process proceeds at a slow pace,"
Wharton wrote in a letter last month to Dist. Atty. Gen. Bill Gibbons
and Shelby County Commission chairwoman Deidre Malone.
Wharton's idea, which has broad support within the crime-fighting
community and will likely be challenged by civil liberties advocates,
would require a change to the state constitution.
Currently, judges are required to set a reasonable bail unless a
defendant is charged with capital murder -- a death-penalty offense.
Shelby County Commissioner Steve Mulroy, who is also a law professor
at the University of Memphis, said Wharton's proposal would be a
worthwhile amendment because it would bring the state constitution in
line with the U.S. Constitution, which allows federal court judges to
deny bail in certain cases.
Gibbons also supports the amendment, and Sheriff Mark Luttrell said
he too endorses the idea because his officers are frustrated by the
criminal justice system's "revolving door," which sometimes allows
criminals back on streets on bail the same day they are arrested.
John Campbell, a longtime prosecutor and the assistant district
attorney, said it wouldn't be used for all offenders but would detain
those who pose a risk to society or who are considered the greatest
risk of not showing up for court.
Wharton said over the past year he's noticed an increase in crimes committed by people on bail.
In a recent example, 21-year-old Mardacy Greer, who was out on bail
after being charged with a 2006 murder, was arrested in December for
the alleged killing of Nikilis Guy, 19.
Guy's dad, Ronald Guy, said he believes his son would still be alive
if Greer had been denied bail. "I don't see how or why they give bonds
to murderers," he said.
Richard Janikowski, a criminologist at the U of M, said there is no
local data, but national statistics show that one-third of released
defendants are either re-arrested, fail to appear in court as scheduled
or commit some other crime. And two-thirds of those crimes are felonies.
But the idea is likely to face opposition from advocates such as
Bruce Kramer, an attorney and spokesman for the American Civil
Liberties Union, who said bail is a fundamental constitutional right
that comes with the presumption of innocence in the U.S.
"Any attempt to amend the Tennessee Constitution to lessen the
rights of the people is dangerous and should not be discussed without
more detail," Kramer said.
Yet this change won't happen any time soon because amending the
constitution is a lengthy, multi-year process, requiring approval of
the General Assembly and Tennessee voters.
Most recently, voters ratified a ban on same-sex marriage in 2006 and in 2002, they removed a prohibition on a lottery.
