Honolulu Star-Bulletin Local News
Tough juvenile-crime
bill advances

Opposed by youth advocates,
it is moved on to the full House

By Jean Christensen
Star-Bulletin

Sending more minors through adult courts may be a politically popular response to the juvenile crime problem, but it won't solve the problem and could make it worse, youth advocates warn.

Hawaii Youth Services Network, Catholic Charities and Big Brothers Big Sisters of Honolulu were among the organizations urging the House Judiciary Committee yesterday to reject legislation that would allow children as young as 14 to be tried as adults under certain circumstances.

The committee took the opposite tack, unanimously approving the measure, which now goes to the full House.

But it delayed action on another proposal to make case proceedings and records of certain juvenile offenders open to the public. Committee Chairman Terrance Tom (D, Kaneohe) said there is strong support for the measure but lawmakers need to work out details.

Under current law, Family Court may waive jurisdiction of defendants age 16 and over who are accused of committing offenses that would be considered felonies in adult court.

The new legislation lowers the minimum age to 14.

The bill cites statistics showing a 300 percent increase in juvenile arrests for violent crimes over the past three decades and says prison terms for serious violent offenders are often "grossly inadequate."

Supporting the bill was Lucy Rafael, whose 18-year-old son, Anthony Gomes Jr., was stabbed to death outside a Kalihi teen dance club in August 1995. A 14-year-old boy was arrested in connection with her son's death.

"He will be set free with probably probation and/or community service," she said, referring to the suspect. "Now you all tell me, is this fair to me and my family?"

Honolulu Prosecutor Peter Carlisle said the bill is a step in the right direction but does not go far enough. He said the minimum age requirement for waivers to adult court should be removed altogether.

Carlisle also asked lawmakers to require all juveniles accused of serious violent offenses such as murder and attempted murder, as well as those charged with their third felony-equivalent offense, to be automatically waived to adult court.

"We strongly believe that a major overhaul is needed in the juvenile justice system, which has failed to stem the increase in the frequency and seriousness of juvenile crime," he said.

But Ana M. Rosal-Silva, executive director of Catholic Charities of the Diocese of Honolulu, said studies fail to support the perception that violent crimes are increasingly being committed by younger offenders.

Research also indicates that transferring juveniles to adult courts does not result in more serious punishment, Rosal-Silva said.

Bob Bonar, executive director of Hawaii Youth Services Network, said the state is trading relatively inexpensive prevention programs in favor of costly incarceration.

Deputy Public Defender Susan Arnett said children who are forced to go through the adult criminal justice system lack the education and counseling programs that are more likely to help them turn their lives around.




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