Tuesday, December 14, 2010

 

Hawai`i Justice ??


By Henry Curtis


In Hawai`i if a guard kicks a defenseless inmate in the head, it is a misdemeanor, and the record of the offense can be expunged.


Halawa guards are fired over inmate abuse By Rob Shikina (Dec 13, 2010): "A Department of Public Safety official says three correctional officers have been fired for beating an inmate at Halawa Correctional Facility ...The attack, caught on surveillance video, shows a prolonged struggle during which a guard kicked the inmate in the head as he lay on the ground. ...15 guards showed up at the cell, including a lieutenant and two sergeants, and the entire struggle lasted 25 to 30 minutes. ...[one officer] pleaded no contest in August for third-degree assault. He received a deferred acceptance of his plea, meaning the charge will be expunged from his record if he stays out of trouble for a year. ...[a second officer] pleaded no contest to third-degree assault last month. ...[a third officer] also pleaded no contest in November to third-degree assault. He is awaiting sentencing on Feb. 9 and will seek a deferred acceptance of his plea."


Hawai`i Revised Statutes (HRS) §707-712 Assault in the third degree.(1) A person commits the offense of assault in the third degree if the person:(a)Intentionally, knowingly, or recklessly causes bodily injury to another person; or (b) Negligently causes bodily injury to another person with a dangerous instrument. (2) Assault in the third degree is a misdemeanor unless committed in a fight or scuffle entered into by mutual consent, in which case it is a petty misdemeanor.

In Hawai`i if an inmate possesses cigarettes it is a felony

Hawai`i Revised Statutes (HRS)  §710-1023 Promoting prison contraband in the second degree. (1) A person commits the offense of promoting prison contraband in the second degree if: ...(b) Being a person confined in a correctional or detention facility, the person intentionally makes, obtains, or possesses known contraband. (2) "Contraband" means any article or thing, other than a dangerous instrument or drug as defined in section 710-1022(2), that a person confined in a correctional or detention facility is prohibited from obtaining or possessing by statute, rule, or order.(3) Promoting prison contraband in the second degree is a class C felony.

Hawai`i sent inmates to Kentucky: where guards raping inmates was a misdemeanor for the guards

Officer, inmate sex becomes felony rape in Ky. (March 23, 2010): "Under new legislation approved Monday, Kentucky corrections officers could face charges of felony rape for having consensual sex with inmates, the Associated Press is reporting. The new legislation comes some three months after Kentucky’s governor ordered 400 women be removed from Otter Creek Correctional Complex – a Corrections Corporation of America (CCA) facility - where allegations of sexual misconduct involving the predominantly male staff were widespread. ... When the law takes effect later this year, officers and other staffers who oversee inmates could be charged with felony rape and sodomy for having consensual sex with prisoners. Under current law, corrections officers face only misdemeanor charges for consensual sex with inmates. CCA’s Otter Creek facility first came under public scrutiny when female inmates from Hawaii complained that they had been subjected to sexual assaults by male officers."

Phone Calls

Phone calls from prison can cost  $30-$100 an hour. The prison and the State often share the profit. Recidivism decreases with family contact, job security increases when prisons are full.

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Comments:

Heinous crime, that beating.
A filthy free for all on the rapes and all male staffed prison. And then they go home to their wifies.
The liquor commission is a good example that should be changed: inspectors should be female. Oh it is a good ol XXXX system that allows the pervert men to go into the strip clubs and hostess bars.
The phone call fees for prison started here about 30?? years ago and I had tried to find out how Hawaiian Tel was allowed to charge this usury fee and where did the money go?
Thanks for staying on top of it all. You do the work of a legal team in your own way.
 


Kicking and stomping the head of somebody lying on the ground is part of our unique island culture. Show some respect.
 

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