Sunday, April 21, 2019
Hawai'i Free Press

Current Articles | Archives

Thursday, April 11, 2019
HB217/HB218: Making Life Easier for Young Criminals
By News Release @ 4:08 AM :: 937 Views :: Judiciary, Law Enforcement

 

Attending today's press conference on Juvenile Justice bills (from left) were Representative John Mizuno, Chair of the House Health Committee, James Dold, founder and president of Human Rights for Kids, Kat Brady, Coordinator for the Community Alliance on Prisons, Representative Joy San Buenaventura, Chair of the House Human Services & Homelessness Committee, Representative Chris Lee, Chair of the House Judiciary Committee, and Karl Rhoads, Chair of the Senate Judiciary Committee.

HAWAIʻI STATE LEGISLATURE PASSES JUVENILE JUSTICE REFORM MEASURES

From House Democratic Caucus, April 10, 2019

Honolulu, Hawaiʻi – Lawmakers this week passed bills to protect children's constitutional rights when in police custody and to limit long sentences for minors.

"Too little attention has been paid to the most vulnerable casualties of mass incarceration in America — our children," said Representative John M. Mizuno, introducer of both measures. "From the point of entry and arrest, to sentencing and incarceration, our treatment of children in the justice system is long overdue for re-examination and reform."

House Bill 217 HD1 SD1 requires that when an officer has custody of a child under the age of 16, the child shall consult with legal counsel before waiving any constitutional rights and before any custodial interrogation. House Bill 218 HD1 SD2 grants the Circuit Court, when sentencing a minor for a nonviolent criminal offense, the discretion to impose a sentence that includes a period of incarceration as much as 50 percent shorter than any mandatory minimum and, in certain cases, decline to impose a mandatory enhanced sentence.

Senator Karl Rhoads, Chair of the Senate Judiciary Committee, said that these bills are critical for protecting the rights of children and ensuring a long incarceration does not make matters worse.

"Everyone deserves constitutional rights regardless of their age," said Sen. Rhoads. "These bills need to become law to protect our children."

Rep. Mizuno said that according to juvenile brain and behavioral development science, children's brains are not fully developed, and they are therefore more immature and impulsive than adults, more susceptible to peer pressure, more likely to engage in risky behavior, and less likely to think through long-term consequences of their actions.

"We do not allow children to vote, enter into contracts, work in certain industries, get married, join the military, or use alcohol or tobacco products," said Rep. Mizuno. "These policies recognize that children lack solid decision-making abilities. But one area where we don't treat children differently than adults is in our criminal justice system where we have been too quick to discard child-status and throw children to the mercy of a system that was never designed with them in mind."

James Dold, founder and president of Human Rights for Kids, a Washington, D.C.-based non-profit organization dedicated to promoting and protecting the human rights of children in the U.S. and around the world, said the younger a child is, the more likely they are to give a false confession.

"According to the National Registry of Exonerations, in 2017, 38 percent of all persons under the age of 18 gave a false confession: 30 percent of those aged 16-17 falsely confessed, 58 percent of those aged 14-15 falsely confessed, and 86 percent of children under 14 years of age falsely confessed," said Dold.

The Supreme Court found that that "only a relatively small proportion of adolescents" who engage in illegal activity "develop entrenched patterns of problem behavior."

Representative Chris Lee, Chair of the House Judiciary Committee, said lengthy periods of incarceration expose minors to significant negative influences and can severely interfere with their ability to learn from their misdeeds and develop into lawful members of society.

"Children and adolescents are generally more easily influenced by peers, less able to fully understand the consequences of their actions, and more responsive to rehabilitation than fully mature adults," said Rep. Lee.

Representative Joy San Buenaventura, Chair of the House Human Services & Homelessness Committee, said by passing these bills the Legislature is giving judges a discretionary tool for when they pass sentence on juvenile offenders.

"This goes toward justice reform. We want to make sure that those incarcerated, need to be incarcerated and that judges take into account their age," said San Buenaventura.

The bills now cross back to the House, where they will be agreed upon or sent to Conference Committees.

Links

TEXT "follow HawaiiFreePress" to 40404

Register to Vote

2aHawaii

808 Silent Majority

808 State Update AM940

ABCDEFG Blog

ACA Signups Hawaii

ACCE

Affordable Hawaii Coalition

ALEC

Alliance Defending Freedom

Aloha Conservative Alliance

Aloha Life Advocates

Aloha Pregnancy Care Center

American Council of Trustees and Alumni

American Mothers of Hawaii

AMVETS-Hawaii

AntiPlanner

Antonio Gramsci Reading List

A Place for Women in Waipio

Audit The Rail

Ballotpedia Hawaii

Better Hawaii 

Blaisdell Memorial Project

Broken Trust

CAFR Hawaii

Castaway Conservative

Children's Alliance Hawaii

Children's Rights Institute

Christian Homeschoolers of Hawaii

Citizens for Recall

Cliff Slater's Second Opinion

Coffee Break

Conservative Forum for Hawaii

CSIS Pacific Forum

DAR Hawaii

DeedySupport.com

DVids Hawaii

E Hana Kakou Kelii Akina

E Māua Ola i Moku o Keawe

Farmers For Choice Hawaii

FIRE

Fix Oahu!

Follow the Money Hawaii

Frank in Hawaii

Front Page Magazine

Frontline: The Fixers

Genetic Literacy Project

Get Off Your Butts!

God, Freedom, America

Grassroot Institute

Habele.org

Hawaii Aganst Assisted Suicide

Hawaii Aquarium Fish Report

Hawaii Aviation Preservation Society

Hawaii Catholic TV

Hawaii Christian Coalition

Hawaii Cigar Association

Hawaii Coalition Against Legalized Gambling

Hawaii ConCon Info

Hawaii Credit Union Watch

Hawaii Crime Victims' Rights

Hawaii Crop Improvement Association

Hawaii Debt Clock

Hawaii Defending Marriage

Hawaii Defense Foundation

Hawaii Families for Educational Choice

Hawaii Family Advocates

Hawaii Family Forum

Hawaii Farmers and Ranchers United

Hawaii Farmer's Daughter

Hawaii Federalist Society

Hawaii Federation of Republican Women

Hawaii Firearm Community

Hawaii Fishermen's Alliance

Hawaii Future Project

Hawaii Gathering of Eagles

Hawaii History Blog

Hawaii Homeschool Association

Hawaii Jihadi Trial

Hawaii March for Life

Hawaii Meth Project

Hawaii's Partnership for Appropriate & Compassionate Care

Hawaii Public Charter School Network

Hawaii Rifle Association

Hawaii Right to Life -- Big Island

Hawaii Right to Life -- Oahu

Hawaii Shield Law Coalition

Hawaii Shippers Council

Hawaii Smokers Alliance

Hawaii State Data Lab

Hawaii Together

Heritage Foundation

HI Coalition Against Legalized Gambling

HIEC.Coop 

HiFiCo

Hiram Fong Papers

Homeschool Legal Defense Hawaii

Honolulu Homeless Crisis

Honolulu Navy League

Honolulu Traffic

Horns of Jericho Blog

House Minority Blog

House Republican Caucus YouTube

HPACC

Hump Day Report

Hunting, Farming and Fishing Assoc.

I Vote Hawaii

If Hawaii News

Inouye-Kwock, NYT 1992

Inside the Nature Conservancy

Inverse Condemnation

Investigative Project on Terrorism

Iowa Meets Maui

Jackson v Abercrombie

Jihad Watch

Judgepedia Hawaii

July 4 in Hawaii

Kahle v New Hope

Kakaako Cares

Kau TEA Party

Kauai Co GOP

Keep Hawaii's Heroes

KeyWiki

Land and Power in Hawaii

Legislative Committee Analysis Tool

Lessons in Firearm Education

Lingle Years

Malulani Foundation

Managed Care Matters -- Hawaii

Malama Pregnancy Center of Maui

Mauna Kea Recreational Users Group

MentalIllnessPolicy.org

Middle East Forum--The Legal Project

Mililani Conservatives for Change

Military Home Educators' Network Oahu

Missile Defense Advocacy

MIS Veterans Hawaii

Muslim Brotherhood in America

NAMI Hawaii

NARTH

Natatorium.org

National Christian Foundation Hawaii

National Parents Org Hawaii

National Wind Watch

New Zeal

NFIB Hawaii News

No GMO Means No Aloha

Northwest Economic Policy Seminar

Not Dead Yet, Hawaii

Now What I Really Think

NRA-ILA Hawaii

Oahu Alternative Transport

ObamaCare Abortion Hawaii

OHA Lies

Ohana Policy Group

OurFutureHawaii.com

Pacific Aviation Museum

Patients Rights Council Hawaii

PEACE Hawaii

People vs Machine

Pritchett Cartoons 

Pro-GMO Hawaii

P.U.E.O.

RailRipoff.com

Rental by Owner Awareness Assn

Republican Party -- Hawaii State

Research Institute for Hawaii USA

Rick Hamada Show

RJ Rummel

Robotics Organizing Committee

Salvage The Rail

Save the Plastic Bag

School Choice in Hawaii

SenatorFong.com

SIFE Remington

SIFE W. Oahu 

Sink the Jones Act

Smart About Marijuana--Hawaii

St Marianne Cope

State Budget Solutions Hawaii

State Policy Network

Statehood for Guam

Tax Foundation of Hawaii

The Harriet Tubman Agenda

The Long War Journal

The Real Hanabusa

Time Out Honolulu

Truth About Trade & Technology - Hawaii

UCC Truths

Union Members Know Your Rights

US Tax Foundation Hawaii Info

Valor in the Pacific

VAREP Honolulu

Waagey.org

West Maui Taxpayers Association

What Natalie Thinks

Whole Life Hawaii

Yes2TMT