Report of Governor's Advisory Committee on Crime February, 1931 Printed by The Printshop Company, Ltd. Honolulu, Hawaii 1 9 3 1 I, Honolulu, T. H., February 9, 1931. HIS EXCELLENCY LAWRENCE: M. JUDD, Governor of Hawaii, Honolulu, T. H. Your Excellency: Your Advisory Committee on Crime appointee! to study delinquency, crime and punishment therefor in this Territory anel the methods employed in our corrective institutions submits here­ with its report and recommendations. Respectfully yours, R. A. VITOUSEK, Chairman, Governor's Advisory Committee on Crime. IU\V/W III INDEX, TO REOOMMENDATIONS Recommendation Page That all licenses issued in the future to district court practitioners be limited to circuits other than the first...................................... 20 Recommendation Page That all public prosecutors or their deputies be prohibited from engaging in private practice after December 31, 1932................ 22 That the Department of Public Instruction be authorized to ap­ point and maintain one school social worker sometimes That there be a police commissioner appointed by Mayor of City known as a visiting teacher for every two thousand school and County of Honolulu, w:ith approval ofl Board of Super­ children in the City of Honolulu...................................................... 6 visor~ whose duty it shaH be to appoint a Chief of Police That .renewed efforts be put forth by the large employers of for- and to supervise operation of police department........................ 23 , elgn-born laborers to educate them in regard to criminal laws That the office of. Sheriff be retained and that the Sheriff be in force in the Territory.................................................................... 6 charged with the duty of serving civil process, of keeping the That the Board of Industrial Schools and the Department of Pub­ Honolulu jail, and of acting as Coroner........................................ 24 lic Instruction cooperatively work out a program of educa­ tion for the inmates of Waialee and Maunawili Training That nolle prosequi be entered only with consent of court and Schools and for the selection of the teachers................................ 7 with reasons made matter of record.............................................. 25 That the directors of social agencies study the coordination oj: the That offenses punishable by a f.ine of not more than $250 and by work of such agencies and endeavor to so coordinate their imprisonment of not over three months be declared petty work that the individual is never lost sight of until finally offenses for which trial by jury cannot be demanded as mat- adjusted ~....................... 7 ter of right ,... 29 That somewhere in their training children should be given care- That no appeal be allowed to the Circuit Court with a jury in a fully-graded instruction in matters of sex.................................... 9 case of petty misdemeanoL. ;............... 31 That the public authorities allow the use of school buildings for That if such appeal be allowed that the appellant be required to religious training.................................................................................. 9 deposit a bond or money for costs to accrue and that, if That the Department of Public Instruction provide for instruc­ the appellant is convicted in the jury trial, there may be in­ tion in regard to the more important laws in force in this Ter­ cluded in the judgment against him the sum of $50 for ritory re.gulating personal conduct and establish, as part of costs of the jury triaL , ,.......... 31 the curriculum, a more definite and extensive training in morality and good citizenship in the public schools.................. 9 That no trial by jury be allowed in such cases, whether on appeal or when brought originally in the circuit court, but that,:' if a That present school plants be put to greater use after school trial by jury is allowed in such cases, a verdict of nine out of hours for recreation and the school yards be used after twelve jurors be permitted................................................................ 34 school hours as playgrounds............................................................ 9 That the statute be further amended so as to permit criminal cases That in future school plants provide a building to be available as to be tried during July and' August, at least il) the first circuit, a community center :............ 10 without requiring the consent of both parties............................ 35 That a suitable playground be established in area at King and That Sec. 2246 be amended in minor particulars so as to make Liliha 10 its different parts c·learer and more consistent with each other and more consistent with Sec. 2244................................................ 36 That a large athletic field be opened up somewhere in the Palama District 10 That pleas of guilty in cases where the charge is murder in the first degree and punishable by death be not accepted............ 37 Tha~ the street improvement statutes be amended to include parks m order to assess,the cost of acquiring playgrounds and parks That Section 4028, R. L. 1925, be amended so as to permit to the property specially benefited thereby.................................... 10 a waiver of trial by jury in at least all' except capital cases...... ,38. 4 That the Board of Supervisors of the City and County of Hono- Thnt R. L. 1925, Sec. 2419, which allows six peremptory lulu make arrangements for adequate lighting of all of the challenges to the Territory and twelve to. the defendant' in parks used by it.................................................................................... 11 ases punishable by death or imprisonment for :life, be, amended so as to allow six to each with a corresponding re­ That in t!Ie .l'uture the .records of commission of crime be made by c1ass1fYI.n~ ~ases duction per defendant when there are more than two, and first by national or racial origin and se ond­ that both that section and the preceding section be amended ~ Iy by dlvldmg these two groups-those born in Hawaii and as to allow the Territory as many challenges as are al- those born elsewhere...................................................................... 12 I w d all the defendants when there are two or more.............. 40 IV V Recommendation Page Recommendation Page That R. L. 1925, Sec. 2616 be amended by changing the latter part That the membership of the present prison board for the first thereof so as to permit comment to be made on a defendant's circuit be increased to ii,'e persons to be appointed in the failure to testify, also in order to prevent the prosecutor from manner required by Section 80 of the Organic Act for terms taking undue advantage of this permission that he J>.e not of five years each.................................................................................. 63 permitted to make such comment in his closing argument That the name of the said board be changed from "Board of Pris­ unless the matter shall have been mentioned in the argument on Inspectors of the First Judicial Circuit" to "Board of of the defendant or his counseL..................................................... 41 Prison Directors" in order to distinguish it from the prison boards in other circuits, which deal only with county jails Tl;at the provisions proposed by the American Law Institute in and misdemeanants :..... 63 its recently-completed model Code of Criminal Procedure , permitting judges presiding at jury trials to comment on That the present responsibility of the high sheriff as warden of evidence be adopted............................................................................ 44 Oahu Prison to··the attorney general be transferred from that officer to the board of prison directors........................................ 64 That the questions on which the Territory may take a criminal case by writ of error to the Supreme Court be extended and That a centralized bureau of crime statistics for the entire Terri- that time for taking out writ be shortelled to sixty days........ 45 tory be provided :.... 64 That no judgment should be reversed or modified for errors not That the appointments of a full-time parole officer by the board injuriously affecting substantial rights of parties........................ 46 be authorized 66 That prisoners be classified more closely.............................................. 52 That provision be made for the appointment of assistant parole officers 66 , That the prison pay for itself, directly_or indirectly, as far as pos- sible and prisoners thus be given employmenL...................... 54 That the power to fix, adjust and allow compensation to pris­ oners be transferred from the· present prisoners' compensa- That prison authorities give further study to employment _of tion board to the new board of prison directors.......................... 66 prisoners ..................•............................................................................. 55 That further investigation be made into the maximum penalties That an attempt be made to carryon educational work in prescribed for all felonies.................................................................. 67 prisons ~.,............................. 56 That the indeterminate sentence and other statutes contemplating That careful consideration be given to c,haracter of any proposed or fixing statutory minimum periods of imprisonment be new buildings for Maunawili Training School and