TENO APPEALS TO LEGISLATURE: Prioritize revamp of criminal justice system

With the rising criminality on the island, Gov. Pedro P. Tenorio has expressed hope that the Legislature will prioritize the overhaul of the CNMI Criminal Code to make it more relevant to the changing times.

A study conducted by a consulting firm hired by the Prison Task Force has strongly recommended a thorough change in the island’s criminal justice system to address the worsening crime situation.

Among the reforms outlined by the study include the creation of the criminal justice information system, strengthening of investigation and prosecution aspects and alternative jail sentencing to reduce the number of prisoners.

The local chief executive said the Attorney General’s Office has started a review and has drawn up recommendations on how the changes will be carried out. “I understand that we have to adopt certain federal laws or regulations and all of these are now being addressed by the AG,” he said.

Kevin Lynch, chief government criminal prosecutor, has emphasized the urgency of carrying out the changes in the Code so that it would reflect the “modern time crimes.” The Code does not even address stalking and the use of telephone in committing crimes, which are now just being prosecuted under the disturbing the peace statute.

Mr. Lynch said the Criminal Code must not only reflect the Commonwealth’s identity and values but also one that is simple enough for people to understand.

“It must offer a clear statement of what the law forbids and must be comprehensive enough to cover all kinds of crimes that we need to address,” he said.

Aside from changing Code, Mr. Lynch said there is also a need to modernize the criminal procedure such as dealing with the search and seizure — from the discovery of crime to the filing of necessary charges.

“The rule of the criminal procedure do not sit well with the kind of modern practice that we would like to have,” he said.

Rep. Heinz Hofschneider, head of the Prison Task Force, has stressed the necessity to look at the entire system including the Department of Public Safety, courts, prosecution, and other service providers in the criminal justice system.

Mr. Hofschneider has warned that building and expanding jail facility will be rendered useless unless a package of reforms are put in place to correct the justice system.