Here is my latest editorial on Hawaii Reporter (www.hawaiireporter.com) sponsored by the Grassroots Institute of Hawaii (http://www.grassrootinstitute.org/)
http://www.hawaiireporter.com/story.aspx?ba7d1002-1a55-4b1d-b370-2cb6882fb59e
Getting Priorities Straight on Crimes and Punishment
By Pablo Wegesend, 6/11/2004 1:43:03 AM
A Fresh Perspective
Hawaii seems to be one of those states that is excessively harsh on non-violent crime and excessively soft on violent crime.
First let’s go over non-violent crime.
In the state of Hawaii, the legal definition of prostitution doesn’t just mean exchanging money for sex. It also means any touching between a stripper and a customer. On this premise, the police SWAT teams have raided strip bars.
The same SWAT team tactics are used on underground casinos, marijuana farms, and cockfighting venues. This sounds like what the Taliban would do.
Some say that prostitution, gambling, smoking marijuana and cockfighting have side effects for those involved. But are they really that bad that we need to send SWAT teams to stop them?
It is illegal for most places to allow smoking indoors. Shouldn’t it be up to the owners to decide? If someone doesn’t want to go where there’s smoking, one can go elsewhere.
This year, the state Legislature has made it illegal to urinate publicly in downtown. But during the hours when most downtown businesses are closed, it is hard to find a bathroom. At that point, it’s either urinate in one’s pants or urinate on the walls and bushes. But even during business hours, most businesses won’t let anyone use their bathrooms. So where do you go?
Also, in this state, the police have been chasing the homeless out of parks. City Councilmember Donovan Dela Cruz even proposed closing the parks late at night. So where are the homeless supposed to sleep when all the shelters are filled to capacity?
This state doesn’t allow civilians to carry concealed weapons in public, even if they don’t have a criminal record. That doesn’t prevent a huge guy from intimidating and assaulting others. But it does prevent the weak, the short, the injured, the elderly and the pregnant from defending themselves from those stronger than them. So much for enjoying the nightlife.
So while the state is showing the world it is tough on prostitution, smoking, gambling, cockfighting, public urination, homelessness and gun carrying, it is soft on the things that really matter. Violent criminals in Hawaii get a slap on the wrist! They look at the justice system as a joke.
For example, take a look at the Waimanalo Beach Park assault case. Manuel Kupahu and 2 other men viciously beat up Edward Van Lier Ribbink. Kupahu yelled anti-white slurs after Van Lier Ribbink discouraged Kupahu from abusing his dog. Van Lier Ribbink was beaten up, suffering broken ribs. Yet, Kupahu will only get a year in jail. On the same day, Chris Aki was convicted of manslaughter for killing an 11-year-old girl with a metal pipe. Manslaughter? This wasn’t a case of ignorant negligence; this is a case of deliberate, vicious violence. But with a manslaughter conviction, Aki will only get 20 years in prison. Why not life in prison?
Late last month, Wayne Anchetta, who punched his girlfriend in her stomach, dragged her by her hair, threatened her with a knife, poured nail polish and raped her, all on the same night, got only 30 years in prison. Anchetta will be 55 when gets out of jail. He could still be capable of the same violence by then. Why not jail him for life?
The worst case of the state being soft on violent criminals has to do with Judge Sandra Simms, who was rejected for re-appointment. Even by Hawaii standards, she was soft on violent criminals. While some local black activist call her rejection a sign of racism, they refuse to talk about her decisions as a judge.
One of the cases in her court involved Rodney Balbirona, who robbed and assaulted a tourist in the North Shore. Simms put him on probation, and then when he violated probation, Simms put him on probation again. It happened another time, and then finally she sent Balbirona to jail for 5 years. Why didn’t she just put Balbirona in jail in the first place?
In another case involving Judge Simms, Simms delayed a man’s jail sentence because he had a baby on the way. Never mind that the man cracked a teenage boy’s jaw.
This state is also soft on public road racing. The HPD discourages its employees from chasing racers. And all the proposed solutions to this are to take away the racers’ driver licenses or their car. Why not jail time? A hard-headed racer isn’t intimidated by the prospect of getting the license revoked. But put him/her in jail for 5 years, and he/she won’t be racing on public roads within that 5 years.
The state needs to get its priorities straight. It needs to think, which sins are the lesser of all evils, and which sins will get the full force of the law. We only have a limited number of cops, courts, prison space, money and other resources. So the state must be willing to risk being politically incorrect. That means legalizing prostitution, marijuana, indoor smoking, cockfighting, gambling, and concealed weapons. Enforcing laws on these means less time and resources going after violent crimes. And this state needs to get tough on unprovoked violent crime and public road racing.
