NCJ Number
100095
Journal
Hawaii Bar Journal Volume: 29 Issue: 1 Dated: (1985) Pages: 75-79
Date Published
1985
Length
5 pages
Annotation
Several examples in Hawaiian case law point out the need for amending Hawaiian statutory law to provide government responsibility for crime prevention and to allow victims of preventable, serious crimes to recover damages in tort actions against negligent government officials.
Abstract
Cases highlighting this need include Freitas v. City and County of Honolulu, Ajirogi v. State of Hawaii, Seibel v. City and County of Honolulu, and Hulsman v. Hemmeter Center Dev. Corp. Criminal justice agencies are urged to educate their staffs about the information available from the Hawaii Criminal Justice Data Center, which collects pertinent criminal justice data from all criminal justice agencies and contains 340,000 full criminal history records. Criminal justice professionals and public officials can use this information to prevent serious crime. In addition, a commission should be created to monitor data files on violent offenders and take preventive action when profiles reach a flashpoint. Preventive action may include calling police and recommending an arrest and charge, reminding State mental health administrators that certain offenders should be kept under tight security, warning potential targets, and using existing incarceration and commitment laws in the courts. Such a commission would provide a legal focal point of government responsibility for all acts of negligence and incompetence in the release or nonincarceration of offenders demonstrating a high rate dangerousness. 28 footnotes.