Five years for theft

[leilaniguy]

This is hilarious, and pathetic. This guy gets years, and the murderer over my back fence gets released after 48 hours and rumor has it won't be prosecuted because of his age. Really? 72? Cool. I've got 9 years 'til I can kill anybody I want. I have a list, it's growing.

[Lodestone]

quote:

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Originally posted by leilaniguy

I've got 9 years 'til I can kill anybody I want. I have a list, it's growing.

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Seems like a good time to point out how much I enjoy reading your posts...

[Kelena]

If judges were easily "impeachable" their ability to judge would be adversely affected. Most of the levers of our democracy have a little bit of remove from the citizenry built in. The last thing you want is an American Idol democracy, where we phone it in and decide thumbs up or thumbs down on every issue or case. I guess we could have that. It would resemble the Hunger Games.

Judges, in my experience, are highly trained and very experienced professionals who make a genuine effort to arrive at a just conclusion based on the law and admissible evidence before them and based on the experience and wisdom they bring to the bench. We can't get out the pitchforks for them every time they arrive at a decision we don't like. An example would be the judge in Santa Clara who exercised a degree of leniency over a rapist. People who were not in the courtroom got out the torches and were readily to remove that judge from office, perhaps bodily.

While you and I might have arrived at a different sentence in that case, there is a real danger when our outrage over a given result in a given case results in an attack on an otherwise competent judge. I saw no article suggesting that the judge in that case has a history of incompetency or unreasoned leniency. We have a saying that "Hard cases make bad law", meaning you usually don't want to base the law on an extreme or unusual case. It is better to base it on more average circumstances. Similarly, you don't want to base your opinion of a judge on a case that may be an outlier.

Neither can you make the sentencing in one case depend on the sentencing in another case, especially if that case was heard by another judge. That would create an impossible cats cradle situation where you pull on one string and three others must move accordingly. That doesn't mean that the Hawaii legislature can't improve sentencing and attempt to make it more uniform. Unfortunately, when they do, it usually renders a harsh and regrettable result in certain cases. Judges need latitude to do what they do well.

Our founders built in multiple protections against mob rule. It is good we have them. When the mob wants to remove a judge over one decision, such as the rape case in Santa Clara, the mob is attacking not just a judge but the institution of justice itself. Such attacks create a chilling effect on other judges who must constantly be looking over their shoulders and second-guessing themselves to do what is popular so they can keep their jobs. "This young man seems salvageable. But if I fail to impose the max, I'll lose my job like Judge X. I think it is unjust but I am going to have to send this young man to prison where his life will be ruined."

You don't want that. I assure you --every judge in office will come to a decision that you don't agree with, and perhaps even a few you think are downright wrongheaded. The proper and ethical reaction if you are an attorney in court is "Thank you, Your Honor" and then if you think there are grounds you go file an appeal.

Part of the breakdown in civility in this country, in my humble opinion, is due to the snarling cynicism directed at our government (the one we voted in) and our institutions. There is this frightening notion that we need to run the justice system as if we were calling in to vote on "Dancing with the Stars". America is a Republic and not a Democracy. This is true of the states within it, including Hawaii. The difference, as we all know, is that in a Republic the people choose representatives who, in turn, make policy decisions on their behalf. Direct democracy is deadly and to me frightening. When I see a mob piling on it frightens me. It frightened the founders, too. God help us if trials are televised and we do get to vote by iPhone.

I happen to agree that removing Kamehameha's spear is a serious offense regardless of what Billy Kenoi is alleged to have done. I would not be upset though, if the judge had imposed three years of community service. I would be very upset if the judge imposed no time because he or she thought that what Billy Kenoi has done is much, much worse.

Judge: please focus on the case before you, sentence within the guidelines, exercise leniency if it is appropriate or impose a higher sentence if there are factors in aggravation. I might not like the result. And I may say that. But I am not going to argue that you should be more easily removed just because East Hawaii doesn't like the way you ruled.

[TomK]

Thank you, Kelena, well said.

[alaskyn66]

http://westhawaiitoday.com/news/local-ne...chool-year

How many air conditioners could we have bought with the money its going to cost to house this dingdong.

[birdmove]

A judge can certainly make a bad call. It's when they have a history of it multiple times, that I think a group of citizens should be able to try to do something about it.

Jon in Keaau/HPP