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COM 0193.096 2006-2008
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COM 0193.096 2006-2008
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Last modified
5/13/2008 12:50:18 AM
Creation date
5/8/2008 5:49:30 PM
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Communications
Communications - Type
COM
Communications - Council Term
2006-2008
Communication
0193
Point
096
Author
Lawrence W. Boyd, PH.D.
Communications - Referred To
N/A
Document Relationships
BIL 060 Draft 04 2006-2008
(Related)
Path:
\Council Records\Bills\2006-2008
COM 0193.000 2006-2008
(Related)
Path:
\Council Records\Communications\2006-2008
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criminal cases heazd were for marijuana possession. ~ Multiplying the 1% by the $213 <br /> million means a total of $2.1 million is used in various court-related possession activities. <br /> a. Also of interest is the actual disposition of these misdemeanor drug cases in <br /> District Court. Approximately 65% are dismissed, not prosecuted, or stricken in any <br /> given year. A very small number is committed to Circuit Court for jury trial and a <br /> relatively small proportion, about 25°10, results in conviction. In addition first offenses <br /> generally get probation. ~z <br /> Table 2 <br /> Dis osition of District Court Misdemeanor Dru Cases <br /> <br /> r <br /> By By Commitment <br /> Discharge/ By Nole to Circuit Court By <br /> Year Dismissal Prose ui Stricken Ju Trial Conviction Total <br /> <br /> i <br /> 2000 300 31 3 39 150 523 <br /> 2001 276 20 4 37 124 461 <br /> 2002 310 36 2 42 127 517 <br /> 2003 304 42 12 85 141 584 <br /> Source: The Judiciary State of Hawaii Annual Report Statistical Supplement, Various Years, <br /> Table 17. <br /> These statistics tend to confirm that the primary cost of the criminalization of <br /> marijuana criminalization is enforcement. Few are actually prosecuted under the law, <br /> fewer convicted, and virtually none serve jail time. Of those convicted, probation is the <br /> usual sentence for first time offenders. The burden in terms of enforcement costs fall on <br /> county level enforcement efforts. <br /> r <br /> Table 3, below, reports estimates of marijuana use from the National Survey on <br /> Drug Use and Health. Beginning in 1999 this survey was expanded so sample sizes were <br /> large enough to cover states. Combining samples into two-year averages is a means by <br /> r <br /> See The Judiciary State of Hawaii "Annual Report Statistical Supplement." Various <br /> Years; misdemeanor drug cases which are identical to misdemeanor marijuana possession <br /> ~ are reported. These numbers are divided by the total criminal cases heard in district and <br /> circuit court to arrive at the 1 percent figure. <br /> 12 In addition some are offered deferred guilty pleas, where a defendant is released on <br /> ~ good behavior, provided he or she does not re-offend. These outcomes will also be found <br /> r in these statistics since those who do re-offend are found in the convictions category. <br /> s <br /> 7 <br /> a. <br /> <br />
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