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Home My WebLink AboutREP SCDC 001 12/27/1972 1972-1976 S SOCIAL AND CULTURAL DEVELOPMENT COMMITTEE REPORT NO. 1 HAWAII COUNTY COUNCIL Hilo, Hawaii • At the meeting of the Social and Cultural Development Committee held on December 27, 1972, Prosecuting Attorney Paul de Silva and Police Chief Ernest Fergerstrom were present to discuss the social and cultural impact of the Penal Code and to give their overview of some of the more drastic changes as far as our social behavior is concerned in the coming years under the Penal Code. Both concurred that the Code was intended to reflect more modern community thinking as it now exists rather than to change our way of life. There are changes in the sex laws, treatment of drug offenses, treatment of felony cases, commercial bribery offenses directed at false advertising. In general the new Code will help a great deal in law enforcement as it is more realistic. In the drug area, though, we will see a more widespread, open use of marijuana because under the Code, possession of less than an ounce of marijuana is punishable by 30 days in jail. People who use it will use it more openly. In one provision of the Code concerning public statements, it states that if the person in charge of law administration or law enforcement makes an interpretation in an official manner of any provision of the Code, the members of the public who listen to this statement can at a future time rely upon this interpretation of the Code as a defense to whatever criminal prosecution might come about. So, if • there are certain questions which the Prosecuting Attorney or the Police Chief seem rather reluctant to answer, it is not because they don't want to cooperate fully, but they want to be perfectly sure that they understand the law themselves before they try to explain it. This is only fair because the public should be able to rely on their statement. The Chief stated that he personally felt it was a little too early to determine the kind of impact the Code would have in our everyday life, but within the next few months we would begin to see trends, if any, with respect to any radical type of change we may experience, Generally, the Code is good in getting all the laws codified and making it more meaningful. In the area of sex offenses, drug abuse and gambling, these may have have some kind of an affect, however, how great, one cannot say at this time. The police will be keeping a close tab on the entire Code, especially in these three areas, to guide their actions in the future, of course, in consultation with the Prosecutor and at times with the Corporation Counsel. A question was raised as to whether the Legislature should amend the Code at its • next session or whether we should try it out for a while before changing it. Mr. de Silva said he felt the Code was an excellent Code and that most of it would not have to be changed for many years, however, the gambling provision is very bad. In spirit it is a good provision for what it tries to do because we know gambling is prevalent here, and it tries to make it more realistic. But in trying to make it realistic, the Legislature got into a great deal of difficulty and ended up with results that were not envisioned. For instance, wherever you have a gambling game, someone can be convicted, even in a home. Be did not feel that Repot Th. ADOPTED: January 3, 1973 Tele NO. :Sept!, pt!, M. B. No. ' J J\T1 3 1973... JY • SCDC-1 Page 2 the Legislators had this concept in mind. If we wait another year before we change something defective, this is a bad social policy. The Code says, "a person who commits the offense of promoting gambling, if he knowingly advances or profits from gambling---." The Code defines "knowingly advances" in gambling activity if "having substantial proprietory control or other authoritative control over premises being used with his knowledge for purposes of gambling activity, he:.per- mits that activity to occur or continue and makes no effort to prevent its occurrence or continuation," so, if you have proprietory control over premises and it is being used with your knowledge for purposes of gambling activity and you permit that activity to occur, you violate the provision of this law. This does not seem to fit within the intent of the Code. These kinds of obvious inconsistencies should be changed immediately. When Mr. de Silva was asked if he thought this would encourage gambling syndicates to come in, he said that he knew that the people involved in organized crime and gambling are devoting much time, effort and money to devise ways to get around the Penal Code provisions. The law is so poorly written it will be picked apart by the courts in the one year interim, so if we do not take action now with this Legislature, we may be in trouble. The Chief added that people are under the impression that one can gamble as long as somebody else does not benefit, but if you read the definition, anybody who profits directly or indirectly is violating the law. The intent was one thing, but what resulted was another. Chief Fergerstrom said that Mr. O'Connor who was instrumental on working on the gambling law indicated that as soon as the Legis- lature meets, they should review the law and iron out the areas which may be controversial in interpretation so that those who participate in gambling activity will know how far they can go. As it is now, people think that come January 1 they can just gamble, but this is not the case. In a sense a test case is wanted in order to clarify the law and to clearly understand it. The Chair asked Mr. de Silva to make a listing of where the possible inequities are that he has discovered, together with his criticism, and forward it to the Council for further review and discussion. Mr. Hisaoka commented that he did not think it wise to criticize what is going to happen. It took 10 years to work on the Code. The Code reflects the social practices which exist today and therefore we should see what happens first and then make changes, if necessary. The Prosecuting Attorney clarified his earlier statement by saying he did not think there would be any substantial social impact as the Code is more to reflect the community thinking rather than change it. At the conclusion of the meeting, it was agreed that some form of public education should be implemented to dispell some of the misconceptions. This could be accomplished through a series of articles in the newspaper, public meetings, TV, but it was felt that if this could be taught in the schools as part of its curriculum, then the youngsters can better understand the law. This particular unit should be on the entire criminal justice system, not only the Penal Code, to be more effective. But first someone would have to write it out in layman's language, preferably one who has knowledge of the law and of education, to teach ,, • • 111 SCDC-1 Page 3 the youngsters. Emphasis should be placed from ages 13 through 17. The Department of Education would be requested by resolution to join the County in planning and trying to institute this kind of a program in its curriculum, as education by enforcement is not always the best way. DANTE K. ARPm ,m' , Chai an (; e. EP Ib.'' R. YADAO, Vi Chairman (AAA& 0.3,2r1T-- FRANK DE LUZ, III, Member IKUO HISAOKA, Member