HRS 0706-0663 ANNOTATIONS

This section of the Code continues the previous policy of the law of providing definite sentences (not to exceed one year) in the case of misdemeanors,[1] and adds a new category of minor criminal offenses, designated as petty misdemeanors, for which imprisonment not exceeding 30 days is authorized. The court is free within the statutory maximum to choose a shorter definite period of confinement.

Indeterminate terms of imprisonment are not provided for misdemeanors or petty misdemeanors because the gravity of the offenses and the character of most such offenders would not warrant the authorization of a longer prison term. The flexibility sought to be achieved by indeterminate sentences decreases as the maximum authorized term of imprisonment decreases. In view of this fact and in view of the fact that resources devoted to the determination of minimum terms of imprisonment have decreasing marginal utility as maximum authorized terms decrease, the Code provides for definite terms in cases of misdemeanors and petty misdemeanors.

Cited: 146 F.3d 661.

§706-663 Commentary:

1. See H.R.S. §701-2.