Constitutional changes in Hawaii disturb civil libertarians
This is an archived article that was published on sltrib.com in 2004, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.

HONOLULU - When Hawaii's Supreme Court recently issued several rulings protecting the rights of sex offenders, prosecutors were so disgusted they took their case to the voters.

The verdict came on Election Day: Hawaii's voters overwhelmingly approved a string of constitutional amendments to undo the high court rulings.

Civil libertarians are disturbed - not just by the changes in criminal law, but by the manner in which they were made.

''People will not realize what they have lost until they are falsely accused of something,'' said Kat Brady of the American Civil Liberties Union of Hawaii.

The state Supreme Court had angered prosecutors by ruling that sex offenders are entitled to hearings on whether their names and addresses can be made public under Hawaii's Megan's Law, and that a jury must unanimously agree on the specific dates and places of sexual offenses to convict a defendant of ''continual sexual assault of a minor,'' a crime that carries 20 years in prison.

Also, in a third case involving a man accused of abusing his 13-year-old foster daughter, the high court ruled that the defense should have been allowed to question the girl about her admission to a counselor that the assault never happened.

On Nov. 2, voters approved three amendments to reverse the high court decisions.

They also adopted a fourth amendment that allows prosecutors to file a criminal charge directly from witness statements and other evidence, instead of taking it to a judge or a grand jury.

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