Ka Wai Ola - Office of Hawaiian Affairs, Volume 27, Number 10, 1 October 2010 — The Disparate Treatment of Native Hawaiians in the Criminal Justice System [ARTICLE+ILLUSTRATION]

The Disparate Treatment of Native Hawaiians in the Criminal Justice System

Why and how we did the report

By Amanda Petteruti and Nalani Takushi Some time ago, OHA noticed that Native Hawaiians, similar to African Americans, Hispanics and other indigenous people on the continent, are disproportionately represented in Hawai'i's criminal justice system. In order to determine exactly how the criminal justice system affects Native Hawaiians, how this impact is manifested at different points in the system, and why, OHA developed a collaborative research proj ect ineluding the Justiee Poliey Institute, Georgetown University and the University of Hawai'i at Mānoa. This projeet - a three-year research study that resulted in the report Tlie Disparate Treatment of Native Hawaiians in the Criminaī Justice System - is unique not only in its findings, but also in the eombined quantitative and qualitative methods used to create a rounded picture of the problem and in the community-based participatory research model used throughout the project. In addition, OHA assembled an advisory eouneil to address culturally sensitive issues related to pa'ahao (individuals in prison), their families and their communities. The advisory eouneil also assisted in and guided the project. The project provides data to pinpoint problems and also elevates

the voices of people most affected. Using data from the Hawai'i Criminal Justice Data Center, researchers were able to determine that the disproportionate impact of the criminaljustice system aeeumulates at eaeh stage of the criminal justice process. To give some perspective, Native Hawaiians comprise approximately 24 percent of the general populahon of Hawai'i; yet, Native Hawaiians account for close to 40 percent of the prison population. Comparatively, whites make up approximately 23 percent of the general population and about the same percent of people in prison in Hawai'i. And Native Hawaiians comprise 27 percent of all arrests, 33 percent of people in pretrial detention and 41 percent of the people returned to prison for parole violations. Using a multivariate analysis eontrolling for severity of charge, age at arrest, race and gender, researchers found that Native Hawaiians receive longer prison sentencing compared to most ethnic groups. Native Hawaiians are sentenced to 119 more days in prison than Tongans, 73 more days than Native Americans, and 68 more days that Hispanics. The results of the study also found that whites receive 1 1 fewer days in prison. A separate analysis, controlling for severity of charge, age at arrest, race and gender, found that Native Hawaiians are sentenced to longer probation terms than every other racial or ethnic group in Hawai'i except for Hispanics. On average, Japanese people were sentenced to 14 fewer days of probation and whites were sentenced to almost 21 fewer days than Native Hawaiians.

Perhaps most concerning is the finding uncovered through interviews, whieh included many Native Hawaiians, that pa'ahao are often removed, without notice or consent to the continent to serve time. Pa'ahao were not allowed the opportunity to tell their 'ohana that they were being moved to the eontinent, and some participants in the project mentioned that the Department of Puhlie Safety forcibly moves people to the continent using a SWAT team. Native Hawaiians make up 41 percent of the approximately 2,000 people that are held on the continent. Through the experiences of pa'ahao, it is evident that the criminal justice systemand incarceration, in particular, contributes to the unraveling of communities, dismantling of families and the dilution of culture. Not only are pa'ahao separated from community and family while in prison, when they get out they are cut off from education, jobs and housing, all of whieh are the foundations for success and resiliency. Such barriers to reintegrating into the community ean perpetuate involvement in the criminal justice system for generations to eome. In addition to laying bare the traumas associated with incarceration, people who participated in this project pointed to the remarkable resilience of Native Hawaiians to overcome adversity and the cultural values that promote positive outcomes. For example, participants referred to the strength of community and 'ohana as support mechanisms, ho'oponopono as a spiritual process of "setting things right," pu'uhonua as a plaee of refuge that allows a person to be forgiven, and kuleana as a means of giving back and helping others to stay out of the criminal justice system. The criminal justice system not only unfairly affects Native Hawaiians, it costs Hawai'i more than $222 million per year. According to the Pew Charitable Trusts, the state spent just over $18,000 per person in prison per year in 2005. That money could be spent instead on education, mental heahh services, supportive housing or drug treatment, all of whieh have been shown to better promote puhlie

safety and create stronger eommunities in the long term. ■ Amaiula Petteruti is the Associate Director of the Justi.ce Poīicy

Institute. Naīani Takushi is the Leael Researcher-Special Projects in OHA's Research Li.ne ofBusi.ness.

WIĪHIN THE BARS The disproportionate impact of the enminal justice system on Native Hawaiians accumulates at eaeh stage. Native Hawaiians are also more likely to receive a sentence of incarceration over probation.

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Soutces: Hawai'i State Department of Health, Office of Health Status Monitoring, special tabulation from the Hawai'i Health Survey, Jan. 22, 2010, http://bit.ly/ayBGa8; Hawai'i ūiminal Justice Data Center, Lydia Seumanu Fuatagavi and Paul Perrone, Crime in Hawai'i: A Review of Uniform Crime Reports (Honolulu, Hl: Attorney General, State ofHawai% 2009), http://bit.ly/awIYos; Hawai'i Department of Puhlie Safety, 2008 Annual Report, http:// bit.ly/aCyfrx. Hote: Admissions to incarceration or probation are the result of sentencing. Admissions to probation do notinclude instances where a period of incarceration is a condition ofprobation. - lllustration: Helson Gaspar