Simpson v. Miller ex rel. County of Maricopa

JUSTICE BOLICK,

opinion of the Court:

¶ 1 Arizona’s Constitution and laws forbid bail for defendants accused of sexual conduct with a minor under age fifteen when the proof is evident or the presumption great that the defendant committed the crime. Because that prohibition is not narrowly focused to protect public safety, we hold that it violates the Fourteenth Amendment’s due process guarantee.

I

¶ 2 Article 2, section 22(A) of the Arizona Constitution’s Declaration of Rights provides in part:

All persons charged with crime shall be bailable by sufficient sureties, except:

1. For capital offenses,…