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UH-Hilo political science prof Rick Castberg wrote an interesting comment (scroll down) on my post noting the apparent lack of justice in two drug case sentences by Circuit Court Judge Glenn Hara.

Professor Castberg said based on his 43-year-old master's thesis it’s better not to criticize judges about sentencing since they are privy to privileged info that would explain everything if only the public knew.

I agree to some extent with Professor Castberg’s conclusion and I don’t ordinarily criticize a judge’s decision. But since my post criticized not a single, individual sentence, but two sentences by the same judge whose rationale for sending one man to prison and another to probation made little sense, I demur.

If I had to I’d guess that the cocaine-and-DUI-convicted party guy turned some people in to get that sweet resentencing deal but the Volcano pot grower wouldn’t rat anybody out. If that was the reason, let’s hear that from the judge. But the newspaper only reported that the judge freed the chronic drunk driver who was caught with nearly an ounce of cocaine in his pants because he’s turned his life around after less than a year in prison. Then a few days later the judge was sending the Volcano family man and pot grower to prison because he was stupid enough to continue operating his illegal business after being arrested for it.

What the paroling authority does is irrelevant. The point is that Judge Hara, perhaps as conscientious, thoughtful and competent a jurist we’ve had in the Third Circuit, did not adequately explain the disparity in the two sentences. Not doing so undermines the very concept he reportedly said he was trying to uphold in the maximum sentences he gave to David Finley – respect for the law. If there are circumstances in the reports that put these decisions in a better light let’s hear them. Not revealing them only clouds public confidence in our system of justice.

So perhaps in the future when there is one sentencing decision to question, I’ll continue to abide by Professor Castberg’s study findings and let it go. But when faced with such stark and perplexing inconsistencies in sentencing as seen here, I’m afraid his findings won’t persuade me to hold my opinion. I appreciate the advice, however.