I'm the host of "The Rick Hamada Program" on NewsRadio 830 KHVH and have been so for over 31 years.
Although the station's moniker is "NewsRadio", I am not a journalist.
Journalism is the enterprising, researching, interviewing both sides, verifying content, composing for your particular format and filing reports for public consideration. I simply consume information and share my opinion. The excellent team here at Aloha State Daily are journalists.
I, like a select few, am a columnist. I traffic in opinion.
And in my opinion sexual traffickers and abusers of children should be shot.
OK, that is too much.
Let me include death by injection.
Still too much?
Why?
This is in my mind now more than ever after watching two documentaries about Jeffrey Epstein and following a conversation with Jeff Pimental, of Children Such As These, about his work with abused kids here at home and who will stage a walk on the Mainland calling attention to this. Every time I see a missing child post online or the wall of pictures at Walmart pray for their safety and want to go biblical on perps.
The violation and exploitation of children should be a capital offense which upon unquestionable guilt and conviction should qualify for the death penalty.
More palatable?
Then try this.
Here's a definition of capital crime:
A capital crime (or capital offense) in America is a criminal charge punishable by the death penalty, usually including first-degree murder with aggravating circumstances, treason, terrorism, or espionage. These, often called capital cases, are defined by state or federal statutes and involve a bifurcated trial process — separating guilt from sentencing — to determine if death is appropriate. (Congress.gov)
Here's another explanation:
"Crimes that are punishable by death are known as capital crimes, capital offences, or capital felonies, and vary depending on the jurisdiction, but commonly include serious crimes against a person, such as murder, rape, terrorism, aircraft hijacking, war crimes, crimes against humanity, and genocide, along with crimes against the state such as attempting to overthrow government, treason, espionage, sedition, and piracy. Also, in some cases, acts of recidivism, aggravated robbery, and kidnapping, in addition to drug trafficking and drug possession, are capital crimes or aggravating factors." (Wikipedia)
There is legal definition that includes rape, terrorism, kidnapping as capital crimes all of which and more pertain to the sexual abuse and trafficking of children.
As mentioned above, crimes punishable by death are "depending on the jurisdiction". And that's why particularly in Hawai‘i we will never see such "punishment to fit the crime."
There are some of you who are celebratory that's not the case.
Let's delve into this a bit further.
Hawai‘i uses five felony classifications. Based on these classifications, the sentencing judge hands down one of five maximum prison sentences:
- Life without parole (LWOP)
- Life with parole
- 20 years for a class A felony
- 10 years for a class B felony
- 5 years for a class C felony.
Some felonies carry mandatory minimum sentence terms in addition to the maximum. Mandatory minimums apply to felonies involving firearms, vulnerable victims, and drug trafficking crimes, to name a few.
Hawai‘i's laws also impose enhanced sentences (called extended terms) for certain hate crimes, hit-and-run offenses, persistent felony offenders, and repeat violent and sexual offenders. If an extended term applies, the judge must order a maximum term that is one level higher than for the current offense (for example, a class B felony would bump up to a class A felony) (criminaldefenselawyer.com)
Bottom line.
Sex abuses, exploitations and trafficking of children fall under a class A felony.
The jurisdiction of Hawai‘i will never impose what I stated before which is capital punishment for those who perpetrate the aforementioned crimes.
Why is there an apparent lack of advocacy and justice for the most vulnerable — children?
A key element in reforming the judicial process for children of sexual assault is the barbaric treatment of victims in the courtroom. Defense attorneys publicly browbeat, denigrate, verbally shatter a victim on the stand and force the young victims to relive the terror perpetrated by the assailant who is seated and facing the child just feet away.
Let me be clear. These are young minor children facing this brutish process reversing justice and placing them on trial.
It's as venomous an experience as the violent and vulgar crimes committed against them. It's such a horrific experience that parents of victims will protect their loved ones and not allow them to take the stand.
Then what?
Exactly.
In all fairness, there are instances of fabrication. I understand there are orchestrated and manipulative efforts to weaponize false claims of sexual abuse and more. College campuses and troubled marriages are primary arenas for claims to be made.
Consider these statements:
- Intimate Partner Violence (IPV) Studies. Numerous studies indicate that false IPV allegations (including sexual violence) are common and, in some studies, considered to be as high as 50%. The predominant motives for making false IPV claims were to punish or gain control over the victim, which is a ploy often used to gain an advantage in divorce and custody disputes.
- Family law attorneys. Such attorneys have revealed that it is not uncommon for a spouse to make false allegations of sexual misconduct or domestic violence in an attempt to gain leverage in divorce proceedings. (FACEcampusequality.org)
As I stated I understand there can be false claims levied against those who are innocent, but the aforementioned are adults vs. adults.
And this issue is worth a follow-up column.
My focus is on the sexual abuse and trafficking of children.
I ask you and those in the legal profession.
What can we do that we are not doing now to place the highest value on the sanctity of our children?
Politicians and community leaders often attempt to garner support for their re-election or public approval by saying, "It for the keiki."
Who is going to not just talk but act on behalf of our keiki regarding these most despicable crimes against our children?
Is it you?
