Monday, November 23, 2009

Assignment 10




According to the Criminal Justice Sourcebook’s report on the number of juvenile facilities per state, Hawaii had 4 privately run facilities during 2000, 3 during 2002, and 5 during 2004 (Sourcebook, 2004). The number of facilities decreased from 2000 to 2002 by 1(it went from 4 to 3 facilities); however, from the year 2002 to 2004 the number of facilities increased by 2 (it went from 3 to 5 facilities) (Sourcebook, 2004). The number of privately owned juvenile facilities remained pretty constant throughout the years. Hawaii is a very small state so it is not necessary to have 61 facilities like Colorado did in 2000(Sourcebook, 2004). One reason for the change from 2000 to 2002 could be that a facility went bankrupt because there were not enough juveniles committing crimes. Another reason for the slight increase in change from 2002 to 2004 could be that incarceration numbers increased so there was need for more juvenile facilities. The third reason for the change could be the population number increased so there were now more juveniles that could create trouble.

According to the Sourcebook of Criminal Justice Statistics, Hawaii was not represented on the list because their jurisdictions have State-operated integrated jail/prison systems (Sourcebook, 2003). Even though Hawaii is not on the list there was another source available to help determine Hawaii’s jail situation. According to the Bureau of Justice Statistics Bulletin, Hawaii’s total prison inmate population as of June 30, 1999 was 4943, down roughly 3.7% from the previous year (Beck, 2000). This reduction in inmate population suggests to me that the state’s prisons are generally not overcrowded. The drop itself was the 3rd largest in the country, right next to Ohio (4.5%) and Rhode Island (11.2%). Reductions in inmate population obviously free up prison space, but such a nation-leading reduction is even more significant. Furthermore, incarceration rate (305) was below median level for the nation, and likely below average (Beck, 2000). Another reason as to the prisons in Hawaii are not overpopulated is Hawaii is a very small state, so its population is not as large compared to a state such as Texas, and the last reason why Hawaii’s jails would not be overcapacity would be that Hawaii has a good parole system. Their system of parole is a little more lenient allowing prisoners to be released a little earlier than other states. For these reasons, it appears that Hawaii’s prisons are generally not overcrowded.

According to the Bureau of Justice Statistics, in 2000 the amount of female prisoners in the state of Hawaii stood at 561. However as the years progressed, there were more female prisoners (in 2006 there were 734 and in 2007 there were 746) (West and Sabol, 2008). The average annual change that occurred between the years 2000 and 2006 was 4.6% and from 2006 to 2007 the annual change stood at 1.6% (West and Sabol, 2008). One possibility of why the amount of female prisoners jumped from 561 to 734 because Hawaii’s population increased, having other people moving to the islands from the mainland. Another possible reason why female rates increased during the years was due to the higher availability of illegal drugs, such as meth. The last cause is the more criminal actives being done by females due to the fact that people wouldn’t necessarily believe that a woman would do those types of things. Plus too, others are more lenient towards females than they are to males.
Although the numbers for female prisoners seem pretty high, the number of Hawaii’s male prisoners was eight times as the amount of female prisoners. In 2000 there were 4,492 male prisoners; in 2006 there were 5,233; and one less in 2007, leaving the number of male prisoners at 5,232 (West and Sabol, 2008). From the years 2000 to 2006, there was a 2.6% average annual percent change, having it lower than the female prisoners, and 0% change from 2006 to 2007 (within one year) (West and Sabol, 2008). The reason for changes in the male prisoner number could be due to many reasons like males are generally more aggressive than females so it’s only natural that there are more male prisoners than females. It’s in a male’s gene to be aggressive so they tend to be more violent and have higher chances to be incarcerated. Males are more prone to doing heavier drugs than females are and tend to act out on their impulses than females do. However, it’s rather odd that there was one less prisoner in 2007 than 2006 because there isn’t much room in the prisons these days so they may let out those who have lesser charges.

Reference:

Sourcebook of criminal justice statistics Online. (2004). Public and private juvenile residential facilities. Retrieved on November 22, 2009, from University of Nevada Las Vegas, Webcampus Web Site: http://www.albany.edu/sourcebook/pdf/t100092004.pdf

Sourcebook of criminal justice statistics. (2003). Number of jails, rated capacity, percent of capacity occupied, and number of inmates per employee. Retrieved on November 22, 2009, from University of Nevada Las Vegas, Webcampus Web Site: http://www.albany.edu/sourcebook/pdf/t198.pdf

Beck, J.A. (2000, April). Prison and jail inmates at midyear 1999. Retrieved from http://www.ojp.usdoj.gov/bjs/pub/pdf/pjim99.pdf

West, H., & Sabol, W. (2008). Male prisoners under jurisdiction of state or federal correctional authorities, December 31, 2000, 2006, & 2007. Retrieved on November 23, 2009, from University of Nevada Las Vegas, Webcampus Web Site: https://webcampus.nevada.edu/webct/urw/lc33129041.tp0/cobaltMainF

West, H., & Sabol, W. (2008). Female prisoners under jurisdiction of state or federal correctional authorities, December 31, 2000, 2006, & 2007. Retrieved on November 23, 2009, from University of Nevada Las Vegas, Webcampus Web Site: https://webcampus.nevada.edu/webct/urw/lc33129041.tp0/cobaltMainF

Image from:
Derek Lilly. (2009).Welcome to Portbury Village Hall Website Retrieved on November 23, 2009, from www.portburyvillagehall.co.uk/Criminals.html

Monday, November 16, 2009

Assignment #9

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(Source: http://blog.kir.com/archives/002648.asp)

The State of Hawaii does not enforce the death penalty but instead uses the life without chance of parole option. Before the death penalty was abolished in 1976 there had been 49 people killed in the state of Hawaii from the death penalty. Hawaii, like almost every other state in the union since 1976, has cut back on the number of executions (in this case Hawaii has done away with them completely). Without the death penalty there is no death row in Hawaii. The murder rate stands at 1.7 (out of 100,000), a relatively low to moderate number in comparison to the rest of the union. There has been no re-enactment of the death penalty in Hawaii. (Source: http://www.deathpenaltyinfo.org/state_by_state)

The first recorded execution in Hawaii took place on November 7, 1856. The executed was an asian/pacific islander by the name of Ayou. Ayou was executed by way of hanging for committing a murder. No age was recorded.

The last recorded execution took place on January 7, 1944. The man's name was Domingo Adriano and he was asian/pacific islander. He was hung for murder at the age of 33.

Both executions were of Pacific Islanders and both were hung. This is a result of the island being primarily one race this early into its existence and injection was not the widespread method of execution at these points in time. The first recorded execution did not tell the age of the executed while the last one did. More care was given to keeping track of the information regarding executions later on it seems. (Source: http://www.deathpenaltyinfo.org/ESPYstate.pdf)

Monday, November 9, 2009

Assignment #8







Being selected for a term of the year, the Grand Jury is picked by a list of nominees. Their purpose is to hear major criminal cases, such as felonies, presented to them by a District Attorney. After they hear the evidence given to them, the Grand Jury decides if there’s sufficient evidence for the accused person should have an indictment and be tried.
Unlike the Grand Jury, a preliminary hearing is held in the lowest local court system and is decided if a person charged with a felony should be charged for that crime. If there isn’t sufficient amount of evidence given, the preliminary hearing has the authority to dismiss the case. However, if they believe that the person who has committed the act should be tried for the crime committed, they send it to a higher court system (also known as superior, county, district or common pleas) were the trial would be most appropriate.
For Honolulu, Hawaii, it’s not quite obvious as to which method they use for their hearings. However, since it is a district court, chances are they use a preliminary hearing method since a district court is one of the lower local court systems in the state.




A California pastor was convicted of conspiracy for a second time in a scheme over the 2003 bankruptcy of Hawaiian Airlines. Spencer and Boghosian were charged with making false statements, including in depositions, concerning their ability to provide $300 million in new capital required for their plan. They solicited others to falsely support and invest in the plan, according to the indictment. Boghosian agreed to pay a $500,000 bribe to an undercover agent of the Federal Bureau of Investigation posing as a New York hedge-fund manager in exchange for a $2.5 million loan from the fund, and Spencer executed a promissory note for the loan, according to prosecutors. One document submitted was a letter from two people falsely claiming to be officials of Amsterdam-based ABN Amro Bank NV confirming that Spencer had an account with $500 million, according to the indictment. None of the jurors were challenged for cause or preemptory challenges. All jurors stayed on the jury during the trial. The prosecution would want hard working people who make their money by working and not committing fraud. They wouldn’t like that Spencer and Boghosian committed fraud and tried to get extra money. The defense would want businessmen who know about business deals and how they work. They understand how business works and sometimes things go the wrong way and not in their favor.


According to Hawaii Legal News, in the case State vs. Line, two Hawaii police officers were obstructed from detaining a known criminal drug user. Initially, police came across Dean Line, who was caught with a crystal methamphetamine pipe, and agreed to set up a drug buy from his dealer. Dean then hid in his home, however, and a woman covered for him by saying he wasn’t there. The two officers, Perreira and Kikuchi, left the house, but returned three days later and spotted Dean outside his house, into which he quickly ran. The police officers followed, out of uniform, flashing their badges and weapons, and demanding entry to the house. Mrs. Line blocked entry by holding the door shut and, and when the police forced their way in without warrants, she struggled with them while Dean disappeared. In the aftermath, Perreira suffered a scratch and Kikuchi’s shirt was ripped (Lowenthal, 2009).
The charges of the case were those of hindering prosecution in the first degree, and assaulting a law enforcement officer in the second degree (Lowenthal, 2009). Direct evidence provided in the case would have been the testimony of both officers against Mrs. Line. Circumstantial evidence would likely be officer Kikuchi’s ripped shirt, which was damaged from the struggle with Mrs. Line. This evidence would have shown that at least Kikuchi was violently obstructed, and would support the assault charge. The testimony of the officers would have included the fact that they had no warrant to search the house, thus making the hindering prosecution charge much shakier in court. The ripped shirt, however, likely acted well as physical, albeit circumstantial, evidence in favor of the assault charge.
preliminary hearing. (2009). In law.com Law Dictionary. Retrieved November 9, 2009, from http://dictionary.law.com/Default.aspx?selected=1580.
Grand jury. (2009). In law.com Law Dictionary. Retrieved November 9, 2009, from http://dictionary.law.com/Default.aspx?selected=828.




Weidlich, T. (2008, November 21). Man convicted of conspiracy in Hawaiian Air fraud case. Star Bulletin . Retrieved November 9, 2009, from http://www.starbulletin.com/business/20081121_Man_convicted_of_conspiracy_in _Hawaiian_Air_fraud_case.html

Lowenthal, B. (2009, August 20). Hawaii legal news. Retrieved from http://hawaiiopinions.blogspot.com/2009/08/hindering-prosecution-prosecution-not.html