Eyewitness Identification Reform
Hawai’i has no state law requiring proper eyewitness identification procedures, however the Honolulu Police Department, which covers 80% of the state’s population, has a policy that includes: blind administration, proper use of fillers, proper instructions to the witness, and witness confidence statements. The Honolulu PD policy also includes procedure for show up identifications. Adopted: 2014.
Recording of Interrogations
Hawai'i has no state law requiring recorded interrogations, however the Honolulu Police Department, which covers 80% of the state's population, has a policy requiring the recording of custodial interrogations.
Post Conviction DNA Testing
Any person convicted and sentenced to a crime may apply for post-conviction DNA testing at any time. Effective: 2005; Amended most recently: 2006.
State statute requires that all biological evidence be preserved for any case in which there was a conviction. The evidence must be preserved either until all appeals have been exhausted or the completion of an individual’s sentence, including any term of probation or parole; whichever occurs later. Effective: 2005.
Hawai'i's statute meets the best practices standards outlined by the NIST Technical Working Group on Biological Evidence Preservation.
State statute provides people who have been proven actually innocent with at least $50,000 per year of wrongful confinement. The law also provides for additional compensation of up to $100,000 if the court finds ‘extraordinary circumstances’ and up to $10,000 in attorney’s fees. Effective: 2016.