Time and again, we hear local politicians say Hawaii’s criminal legal system works fine just the way it is and change is unnecessary. Or we hear that they know it is not working fine, but their constituents are not there yet when it comes to reform. We now know neither is true. The people of Hawaii have spoken up because the system is broken. They’re ready for a reformed system that treats everyone fairly and keeps our communities safer.

In April 2020, we conducted a public poll to get a clear picture of how Hawaii residents feel about our criminal legal system. What we found was a strong preference in support of drug treatment and rehabilitation as opposed to tougher penalties and longer prison sentences. Contrary to this country’s history of tough-on-crime policies — ranging from Nixon’s War on Drugs in the ’60s, to the Clinton Crime Bill in the ’90s — that were based on racist ideologies, the poll showed people want better. These outdated policies have destroyed families and devastated communities — namely Black, Brown and Indigenous. In Hawaii, this means kanaka maoli and Pasifika peoples are disproportionately policed, arrested and incarcerated.

Most arrests are for crimes of poverty and homelessness, for substance abuse and mental health issues — things the criminal legal system handles poorly. Investing in stable housing, mental health services, substance abuse services, and conflict mitigation will do more to promote public safety than money bail, incarceration and a new jail based on old methods that will cost over $525 million and incentivize arresting more people.

The public agrees. About 71% of people polled think that communities would be better served by rehabilitating people and saving scarce taxpayer dollars that can be spent to better support approaches that are more effective than incarceration.

Imprisonment is a brutal and costly response to crime and poverty that traumatizes (rather than rehabilitating) incarcerated people and hurts individuals, families and communities. It should be the last option, not the first. We know mass incarceration is not working because our recidivism rate is at 60%, meaning over half of people released from jail will return within three years.

The results from the poll couldn’t have come at a better time. We are in the middle of voting in the primary election and have the opportunity to elect a new prosecutor — the fourth since it became an elected position in 1981. Since the prosecutor is arguably the most influential player in the system, this race is a chance to usher in real change. Two-thirds of folks polled said they are more likely to vote for a prosecuting attorney candidate committed to actively working to reduce unequal treatment by race in the criminal justice system. Over three-fourths of people said there is greater value in transparency from the prosecutor’s office.

These results are encouraging as we move forward with our Campaign for Smart Justice Hawai‘i, which aims to combat racial disparities in the criminal legal system and end mass incarceration in the islands. We hope the poll, which is available on our website (acluhi.org) , provides clarity to current lawmakers and candidates who wish to serve the people of Hawaii. Most of all, as people are turning in their mail-in ballots for the Aug. 8 primary election, we hope they feel inspired and empowered by the poll’s results. Together, real change is on the horizon. We just have to vote for it.