View Point

By Lawrence S. Grean

Friday, November 22, 1996


3 strikes, chain gangs,
work camps, death penalty

Hawaii needs these
powerful crime-fighting tools to make
our communities safe again

The most pressing social issue today in Hawaii is crime. The conservatives advocate the death penalty, tougher sentences and more prisons, while the liberals point us in a different direction, pleading for fewer prisons and more programs to rehabilitate. In the meantime, our elected officials, prison administrators and judges do business as usual and our fragile island community is being suffocated to death by gangs of thugs and a criminal element that has total disregard for the rights of others.

Morgan Reynolds, a professor of economics at Texas A&M, recently authored a study for the National Center for Policy Analysis in Dallas. Citizens in Texas, fed up with crime, convinced their elected representatives to embark on an ambitious program to build more prisons and to increase sentences for convicted felons. And as a result of these drastic measures, the crime rate, according to Reynolds study, has reached its lowest point in Texas since 1973 and the murder rate is lower than at any time since 1966.

Solving the burgeoning crime problem in Hawaii will take some draconian measures and a willingness by our public officials to meet this difficult social issue head on and do something to protect law- abiding people from the constant threat from the criminal element.

Consider these "get tough" measures:

1. Elect judges and Supreme Court justices. A recent Star-Bulletin poll showed overwhelming voter dissatisfaction with sentences handed down by the judges. And a liberal-minded "judicial activist" Supreme Court continues to find more and ingenious ways to increase the rights of criminals. It's time we allowed the voters to decide who will wear the black robes of justice in Hawaii.

2. Restore the death penalty. First degree murderers and big time drug peddlers deserve no mercy from society other than a fair trial and swift justice at the end of a rope. It's a total waste of taxpayers' money to lock up these criminals for the rest of their lives.

3. Three-strikes law for convicted felons. We are plagued by repeat offenders with long felony records who take advantage of our revolving-door syndrome and continually prey on the innocent. Life without parole for the third felony conviction will send a message to career criminals that society will no longer tolerate their indifference and callous misbehavior.

4. Chain gangs. As a condition of sentence, convicted felons should spend time on a "chain gang," working visibly in the community. This is not only a cost-saving measure but will let our young people see what happens to you when you embark on a career of crime.

5. Work camps. To immediately solve our prison overcrowding crisis, "tent cities" similar to those created by Sheriff Joe Arpaio in the desert near Phoenix, Ariz., should be constructed by the director of public safety. We have the ideal weather for such camps and they can be constructed on state lands on each island. Felons can spend long, hot days working in the sun to pay off their debts to society.

6. Prostitution. Prostitutes' main source of revenue is stealing and they are ruining our family-oriented tourist destinations, particularly Waikiki. Making this crime a felony with a mandatory prison sentence will go a long way to ridding our state of this pestilence.

7. Juvenile justice. Eliminate the juvenile justice system for all teen-agers 14 or older who commit felony offenses. Automatic waiver to adult court where all of society can see the harm these "kids" do instead of the present inept system, which swallows up these offenders into a black hole of secrecy and churns them back into society to continue their harmful ways.

8. Corporal punishment at our public schools. Return corporal punishment as an option for our teachers and administrators and protect them from civil and criminal penalties. Public caning Singapore-style and banishment from the school system will send a clear message that assaults, threats, hijacking and the like will not be tolerated on our school campuses.

9. Repeal the "emergency release" law. It allows the public safety department to release nonviolent offenders from pretrial detention without a court hearing.

10. Tougher sentencing rules. Repeal the present sentencing scheme in the penal code and eliminate the parole board. We should model sentencing laws after the federal guidelines to ensure that tough sentences are meted out for all felons, not just those who commit violent crimes. The emphasis should be on punishment with rehabilitation as a secondary goal.

11. Oust the ACLU. Put the American Civil Liberties Union on notice that it is no longer in charge of our prison system. A symbolic burning of the "consent decree," which ties our prison officials' hands, will send a clear message to this organization that running our prisons is a job for the director of public safety and not the ACLU.

These harsh measures are recommended by someone who has spent more than 25 years as a prosecutor and sees first-hand what is happening in Hawaii.

Too tough, you say?

Then take a long, close look at what the legislators in Texas did to reduce crime, or how an ambitious, elected Sheriff Arpaio solved the problem of overcrowded jails by erecting a tent city in the desert near Phoenix.

Sheriff Arpaio has a simple solution to crime. It's called the "make 'em miserable philosophy" and it's designed to let the crook know that life behind bars will be so bad that he will never want to come back.

As Adam Smith wrote nearly two-and-a-half centuries ago, "Kindness toward the guilty is cruelty toward the innocent."



Lawrence S. Grean is an assistant case manager in the Office of the Prosecuting Attorney. The opinions expressed in View Point columns are the authors' and are not necessarily shared by the Star-Bulletin.




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