Defendants appearing for sentencing in 5th Circuit Court are not encouraged to bring their young children to the hearing. For the second time in recent memory, Chief Judge Randal Valenciano continued a sentencing hearing for a woman this week because
Defendants appearing for sentencing in 5th Circuit Court are not encouraged to bring their young children to the hearing.
For the second time in recent memory, Chief Judge Randal Valenciano continued a sentencing hearing for a woman this week because she was headed to the courtroom podium with her attorney and her two small children.
The defendant may not assume that the court would not sentence jail time when the sentencing guidelines allow for the possibility of confinement, said Valenciano in court. The court cannot allow the presence of children to act as a shield, he said, and expect that creating a situation would influence the court’s ruling.
The judge said parents must not believe that a court would not sentence jail when it normally would for the sake of preventing a situation where social services would need to come and get children.
The court would continue this case once, he said, but be aware that at the next hearing if children are present and jail time is ordered then the appropriate agencies will be contacted.
The hallways outside of court are noisy with defense attorneys discussing cases with defendants and working out details with deputy prosecutors prior to court hearings inside. Family members are also present to support the defendants.
It is a pleasant sight to see the smiles of small children when they get to visit with a parent who is incarcerated and in court for a hearing. Some don’t understand the situation, and sometimes they are the emotional barometer for the tension the parents feel throughout the morning criminal calendar.
It is not rare for children to be silent until the hearing involving a parent is called before the crying starts. Inside the court, the bailiff or sheriffs deputy will point them to the door. It is a distraction for the other hearings and has the potential to influence the process with noise.
For toddlers and children in their preteen years, the sight of a parent or sibling being ushered out the custody door for a jail sentence can be quite a traumatic experience. The judge often allows a defendant to hug their children inside the court as they are ushered away.
Parents will also appeal to the judge during a sentencing hearing to ask if they can return home to take care of family or work business. They ask to report to Kaua‘i Community Correctional Center on their own. This is rarely allowed.
• Island Crime Beat is a weekly column that reflects on the current events and issues regarding the police, courts and criminal justice system of Kaua‘i.
