All in favor of building more jails for people who think the best form of communication is using a knife – raise your hands. All in favor of building more jails for people who think it’s normal to force people to give up their belongings or face physical and emotional harm – raise your hands. All opposed – go talk to a crime victim.

Hawai’i Attorney General Mark Bennett, who argued the constitutionality of the law before the high court, said “there are good and bad things” in the decision.Prosecutors can seek resentencing of convicted criminals under the law, which was enacted Oct. 31, Bennett noted. The high court also turned aside arguments that the law violates “ex post facto” protections in the U.S. and state constitutions that prevent retroactive application of laws to past conduct, Bennett noted.

“We’re disappointed that the court has said that in future cases, the prosecution will be required to allege in the charging documents aggravating factors such as a defendant’s prior criminal record or danger to the community,” Bennett said.

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