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Hawaii Revised Statutes

Haw. Rev. Stat. § 635-32 (2025)

  Segregation during trial

✓ laws through the 2025 session: the 2026 session is not included
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     §635-32  Segregation during trial.  It shall not be necessary in any case for any trial jury after having been finally accepted and sworn to try the cause, to be segregated, locked up, or otherwise confined at any time prior to retiring to deliberate upon their verdict; provided that the court may in its discretion order and direct that the trial jury in any case shall be segregated, locked up, or otherwise confined after being finally accepted and sworn to try the cause and until a verdict is arrived at or the jury discharged. [L 1905, c 75, §1; RL 1925, §2424; RL 1935, §3740; RL 1945, §10116; RL 1955, §231-16; HRS §635-32; am L 1972, c 89, §2B(1)]

 

Case Notes

 

  In case not capital, discretion of court to segregate jurors during trial.  9 H. 522 (1894).

  Failure to segregate in capital case (now life imprisonment) not error.  30 H. 697 (1929).

  Separation of jury and use of liquor, not prejudicial as matter of law.  45 H. 457, 370 P.2d 468 (1962).

  Review of nonevidentiary table posted in courtroom by juror coming out of jury room during deliberations.  49 H. 116, 121-126, 412 P.2d 662 (1966).

 

 

Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 1998–2021 · leading case: State v. Kanae, 970 P.2d 506 (Haw. App. 1998).
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State v. Kanae, 970 P.2d 506 (Haw. App. 1998). “Hawaii Revised Statutes (HRS) § 635-32 (1993). The Hawaii Supreme Court has stated that under the “clear and unambiguous” terms of the foregoing statute, previously numbered as Revised Laws of Hawaii 1925, § 2424, “it is optional with the trial judge whether to segregate the…”
State v. Capobianco, No. CAAP-18-0000067 (Haw. App. Apr. 6, 2021). · cites it 6× “HRS § 635-32 (2016)4 grants a trial court discretion to separate a jury during deliberations, and a defendant bears the burden of proving reversible harm as a result of jury separation.”
State v. BACTAD, 179 P.3d 264 (Haw. App. 2008). · cites it 4× “The circuit court's decision to allow the jury to separate for lunch was consistent with HRS § 635-32 (1993), which states: Segregation during trial.”
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