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Home My WebLink AboutCOM 0434.009 2000-2002 PETER B. CARLISLE PROSECUTING ATTORNEY DEPARTMENT OF i ME PROSECUTING ATTORNEY ALII PLACE 1060 RICH~RDS STREET • HONOLULU. HAWAII 06613 PNONE:IB061 527-64p4 • fAX:f60BI 527.6631 ~[lt~ ~~~N - THE HOi70RABLE ERIAN KANNO, CHAIR SEY~1~L7°E. JTJIj1;CTARY C02~SIT~'EE Twenty-F°ira~t State I.egis2ature Regular Sessioxf of 2001 Stag of Hawaii February 26, 2001, . RE: S . E . 997 RELATING ~'O CRIA3SNAI~ Q~'~ENSES . Chair Kazbx~o and xnea~bers of the Senate Judiciary Coa~ittee, the ~epartsnesit of tt.e :•rosecuting Attorney of the City arad County. of H~-.:zolialu submits the following testimoony in favor of Senate Hill 997. The purpose of this bill ie to amend Chapter 806, Sections 64].-13 and 80>6-6, Hawaii Revised Statutes, to provide statutory provisions far the prosecution of felonies via information i~n addition to grand jury indictsaents and preliminary hearings. Eefore an accused can be taken to trial for a felony offense there must be a formal. charge. In Hawaii this formal charge takes the foram of either era indictment returned by the grand jury or a complaint after a preliminary hearing before a district court judge. In Hawaii, Hearsay is not allowed at the grand jury nor at a preliminary hearing Igo actual witnesses are required to appear and testify. Hawaii i~ in a small minority of ®tatezs that refuse to allow hearsay testimony to support a felony charge. In 27 8tatel~ the Hearsay testimony of a single investigating officer is sufficier~t before a grand. jury or preliminary hearing to sustain a formal felony charge. Ten states have a systeax of direct filin of r/~ felony charges. ~m° I`ile ;~30.„, ~f. ~o: ' f, t3~~ The direct file method usually involves an officer providing a.n affidavit of probable cause to the prosecutor. Ttae prosecut®r reviews the police reports including any exculpatory evidence well as the affidavit. ~f satisfied there is sufficient evidence to support probable cause, the prosecutor prepares a chargine~ information and the affidavit and information are sub~.tted to a judge for review. if satisfied there is probable cause, the judge signs off oax the information and the case is ready f®r tria.l.~ There is neither a preliminary hearing nor a grand jury ~,roceeding. The defence is allowed to challenge the pr'abal~l~ cause deteraniaaation by anotion. In 3°~ states fortral felony charges can be brought with r.~ne witness or less. I~ot so in Hawaii.