03-01-2019, 11:07 AM
Hawaii's Legislature is expected to weigh an ambitious prison reform plan that calls for a shift from incarceration to rehabilitation.
The plan also seeks a major reduction in confinement of native Hawaiians, charging that ”despite numerous studies and reports on the overrepresentation and disparate treatment of Native Hawaiians in the criminal justice and correctional systems, few, if any, steps have been taken to address this problem.” Two excerpts:
Native Hawaiians and part-Native Hawaiians make up approximately 21% of the general population, but 37% of the prison population.” p. 5.
(Recommendation) Set numerical goals...for reducing Hawaii’s prison population, and in particular, the number and percent of Native Hawaiians..." p. 86
The plan heavily cites the 2012 Native Hawaiian Justice Task Force Report, which repeatedly levels the "disparate treatment" charge.
- - - -
How would we address the disproportionate incarceration of Hawaiians? Should they be given differential treatment by the courts, say more probation instead of prison, relative to sentences handed out for identical crimes committed by offenders of other races?
Accurately called preferential treatment under the law? That seems problematic.
- - - -
Of far greater concern to this writer: the accusation of "disparate treatment." That is a serious charge against a justice system. It is essentially the indictment from blacks about our America's justice system. And the assertion has been overwhelmingly correct. Examples:
1. Federal Sentencing Disparity: 2005–2012, documenting harsher sentences imposed on black Americans.
2. The Disparate Treatment of Black Americans in the Criminal Justice System
3. The 2010 Fair Sentencing Act, enacted to end the bias in sentencing between crack vs. powder cocaine.
Systemic judicial racism against blacks has been much documented.
What about native Hawaiians? Are Hawaii's courts sentencing Hawaiians caught for burglary more severely than whites or Filipinos for the same offense? Are Hawaiians prone to using any illegal drugs with a much high sentencing schedule than for drugs used by offenders of other races? Are Hawaiians subject to racism by local law enforcement?
Is there a shred of statistical information for any of this?
No doubt Hawaiians are disproportionately poor, with higher levels of substances abuse, broken families, and other ills. And that historical injustices have occurred. Hawaiians are in a "disparate condition." Arguably social services agencies could do much more.
But that is a far cry from asserting that Hawaii's justice system imposes "disparate treatment" on native Hawaiians.
- - - -
The one minor outcome that might reflect some disparity is native Hawaiians being sometimes sent to mainland prisons. It is said to affect them more severely. Could be. It’s also possible that local Japanese, Filipino and Portuguese inmates with long-time Hawaii ties are equally discomfited by being sent to mainland prisons.
The plan also seeks a major reduction in confinement of native Hawaiians, charging that ”despite numerous studies and reports on the overrepresentation and disparate treatment of Native Hawaiians in the criminal justice and correctional systems, few, if any, steps have been taken to address this problem.” Two excerpts:
Native Hawaiians and part-Native Hawaiians make up approximately 21% of the general population, but 37% of the prison population.” p. 5.
(Recommendation) Set numerical goals...for reducing Hawaii’s prison population, and in particular, the number and percent of Native Hawaiians..." p. 86
The plan heavily cites the 2012 Native Hawaiian Justice Task Force Report, which repeatedly levels the "disparate treatment" charge.
- - - -
How would we address the disproportionate incarceration of Hawaiians? Should they be given differential treatment by the courts, say more probation instead of prison, relative to sentences handed out for identical crimes committed by offenders of other races?
Accurately called preferential treatment under the law? That seems problematic.
- - - -
Of far greater concern to this writer: the accusation of "disparate treatment." That is a serious charge against a justice system. It is essentially the indictment from blacks about our America's justice system. And the assertion has been overwhelmingly correct. Examples:
1. Federal Sentencing Disparity: 2005–2012, documenting harsher sentences imposed on black Americans.
2. The Disparate Treatment of Black Americans in the Criminal Justice System
3. The 2010 Fair Sentencing Act, enacted to end the bias in sentencing between crack vs. powder cocaine.
Systemic judicial racism against blacks has been much documented.
What about native Hawaiians? Are Hawaii's courts sentencing Hawaiians caught for burglary more severely than whites or Filipinos for the same offense? Are Hawaiians prone to using any illegal drugs with a much high sentencing schedule than for drugs used by offenders of other races? Are Hawaiians subject to racism by local law enforcement?
Is there a shred of statistical information for any of this?
No doubt Hawaiians are disproportionately poor, with higher levels of substances abuse, broken families, and other ills. And that historical injustices have occurred. Hawaiians are in a "disparate condition." Arguably social services agencies could do much more.
But that is a far cry from asserting that Hawaii's justice system imposes "disparate treatment" on native Hawaiians.
- - - -
The one minor outcome that might reflect some disparity is native Hawaiians being sometimes sent to mainland prisons. It is said to affect them more severely. Could be. It’s also possible that local Japanese, Filipino and Portuguese inmates with long-time Hawaii ties are equally discomfited by being sent to mainland prisons.