New Injustices for Hawaii’s Pretrial System

HB127 proposes changes to the pretrial release system in Hawaii. It aims to set bail based on a defendant's financial capabilities. 

The bill would allow defendants to evade the consequences of their actions based on their financial situation. Bail serves as a mechanism to ensure that individuals take their legal obligations seriously. This measure promotes dependency by expecting Hawaii to accommodate financial shortcomings of the accused rather than individuals taking personal accountability for their actions.

It expands the role of government in assessing individual circumstances. The inevitable result would be bureaucratic inefficiencies and invasive scrutiny. This increase in state power is an infringement on individual freedoms.

While the bill aims to reduce overcrowding in jails, this is a problem that was created by criminalizing everyday activities, rather than any fault with the pretrial process. Setting bail amounts based solely on the defendant's financial situation opens the door to easily release individuals who pose a genuine threat to the community.

This measure risks penalizing those with stable incomes, but insufficient savings. It would treat these individuals similarly to those without any means. This approach would only create new disparities in the pretrial system, where modestly employed individuals face disadvantages instead of fair treatment. The financial disclosure requirements would also open the door wide for “perjury traps” against the poor and financially un-sophisticated. Worse, the standard would hinge entirely on the individual opinion of a single un-elected lawyer who has zero oversight and no accountability to any laws - the judge. 

The proposal could significantly impact bail bondsmen by reducing the demand for their services. This will lead to fewer individuals needing to rely on bail bonds and force bondsmen to reevaluate their business models, resulting in hiked prices for everyone else. Increased competition from alternative pretrial release options, potential regulatory changes, and shifting public perceptions regarding criminal justice reform may further challenge the traditional bail bonds industry in Hawaii.

This proposed legislation highlights several critical concerns regarding personal responsibility, state oversight, public safety, and fiscal implications. A more effective approach to reforming the pretrial system would be prioritizing individual accountability and limiting government intervention. Over-incarceration issues could be drastically reduced by simply refraining from prosecuting victimless crimes. Or perhaps the bail should be set only in the cases where harm was enacted on another individual? Focusing on genuine harm rather than enforcing unnecessary regulations would alleviate the burden on the justice system and promote a more just society.

Help Us Oppose This Bill:

Take action by following the steps:

• Click on the hyperlink to familiarize yourself with the bill text: HB127

• Speak out against these movements. 

• Maps of districts and representative contact information can be found here.  

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