The Criminal Justice Map
How to Use This Page
The Criminal Justice Map was created to provide victims with an overview of the rights, laws, services and resources available to victims during the criminal justice process.
Each icon represents a different stage of the criminal justice system. The current order of the stages may not apply to your unique situation. Click on the icon to learn more about the stage and the rights, laws, services and resources available to victims of crime.
The Crime Happened
When a person has been harmed by another person, they may choose to report that harm to the police. People who see someone harm another person may also call the police.
In the legal system, the person who has been harmed (the victim) is called a complaining witness and the person accused of causing the harm is called a suspect.
The police will come to the scene and take a report and collect evidence. Evidence may be a statement from the victim, other witnesses, and the suspect, or it may be actual physical objects used in the crime like a knife or gun. Sometimes, the identity of the suspect is not known. In that event, the police will attempt to identify the suspect.
If the police believe they have enough evidence, they may make an arrest immediately, or they may ask the Prosecuting Attorney to review the evidence they have collected. The Prosecuting Attorney will then decide if there is enough evidence to charge the suspect.
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Court Proceedings
The defendant can be charged in one of the following ways:
Misdemeanor/Petty Misdemeanor (County Prosecutors)
- Arrest Cases
The case can be initiated by the police officer arresting the defendant at the crime scene.
- Penal Summon Cases
If the defendant is not arrested, the victim has the option to contact the county prosecutor and request a penal summons. The prosecutor’s office will investigate the complaint which may result in the issuance of a penal summons. A penal summons is a legal document that charges the defendant with a crime.
A penal summons may not result in the defendant being arrested.
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Judgement is Rendered
Verdict
If a judge or jury determines that the defendant is “not guilty”, the case is considered dismissed. The former defendant is released from jail and/or any supervision (if applicable) and cannot be charged with that crime again. In some cases, it is possible for victims to pursue civil charges against the defendant.
If a judge or jury finds the defendant responsible for the crime with which they have been charged, the defendant is found “guilty”. When a defendant has been found “guilty” of a serious crime, they will generally be held in jail until the judge announces their punishment at a later Sentencing Hearing.
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Incarceration
The Corrections Division of the Department of Public Safety oversees four jails and four prisons in Hawai’i, as well as an additional facility in Arizona.
Adult
- Halawa Correctional Facility
- Waiawa Correctional Facility
- Women’s Community Correctional Center
- O’ahu Community Correctional Center
- Maui Community Correctional Center
- Kulani Correctional Facility
- Kaua’i Community Correctional Center
- Saguaro Correctional Facility (Arizona)
The Department of Human Services (DHS) oversees the Hawaii youth Correctional Facility that houses juvenile offenders.
Juvenile
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Civil Issues
Protective Orders
If you are being harassed or abused you can seek protection by filing a petition for a protective order.
For more information about protective orders in Hawaiʻi, click here.
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Below is a Glossary of Common Terms defined
Glossary of Common TermsIf you have immediate concerns about your safety call 911. Every person’s experience of crime is different, and every case is different. It can be beneficial to reach out to an advocate at the numbers below to answer questions about your specific circumstances. For immediate assistance, call 911.