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subluxate May 23 2011, 19:47:35 UTC
For information on Hawaii's police structure, look here.

What happens in the US is that there's the arrest, reading of rights, questioning (almost always with a lawyer present, unless the suspect waives this), and arraignment. Arraignment means going before a judge to decide if there will be bail set or if the defendant will be remanded (i.e., sent to jail). He would be sent to jail, as he's not been convicted; prison is reserved for convicts.

Unless he was arrested for a federal crime, he would not end up on the mainland. He'd be tried and sentenced in Hawaii, and he'd serve his term there, if convicted. If it's a federal crime, I believe he would also be tried and sentenced in Hawaii, but he would serve his sentence in a federal prison (and I don't think there are any in Hawaii).

He will likely not be put in solitary automatically. He might be in a segregated population for closer monitoring by guards or to keep him safe from other prisoners, but generally, solitary is "earned" by attacking other prisoners or guards.

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mad_maudlin May 23 2011, 20:13:38 UTC
Checking a fact and found this, if you can wade through it.

Basically, the law requires that your character either get his initial arraignment within 48 hours of being arrested, or set free. That's the point at which the police would establish probable cause (murder weapon in his hand, etc.) and when the judge would set bail--or, more likely, order your character held without bond, given the high-profile nature of the case. (Stupidly high bails, on the order of tens of thousands or even hundreds of thousands of dollars, aren't unheard of in murder cases, but in the situation you're describing the suspect would probably be shot by a Jack Ruby wanna-be as soon as he stepped out of the courthouse, so no bail it is.)

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xolo May 23 2011, 23:00:30 UTC
Disclaimer: I'm not a lawyer, law enforcement (except some MP training), or the like. I *am* an American citizen with a longstanding interest in heinous RL crimes, so I do have some idea what would probably happen ( ... )

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xolo May 23 2011, 23:17:57 UTC
And, I went to check, and

1. Hawaii has no city governemnts - it's run at the county and state level.

2. Hawaii's jails are run by the state, not the county. The Sheriff's Department is a branch of the state's Department of Public Safety, nout a county agency, as in most of the US.

So I stand corrected there.

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in_excelsis_dea May 23 2011, 23:22:49 UTC
Steve is also a LCDR in the Navy, which means that NCIS could step in and try to get jurisdiction. In that case he's facing a court martial, possibly along with a civilian trial/conviction, and it makes things even more complicated, especially since double jeopardy doesn't apply -- he can be pronounced innocent at one, then tried in the other and be found guilty. There is actually a JAG or NCIS episode about this...I think JAG, and actually, I think there might be a couple where the concept is brought up, but I think one where it focuses on it.

But yeah, if NCIS steps in, it's going to be a bit of a turf war. For all I know, they're going to let HPD handle it. But they are within their rights/jurisdiction to take over the investigation, or at least be involved. In that case, he'd likely be sent to the brig, not a regular prison ( ... )

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in_excelsis_dea June 5 2011, 01:13:44 UTC
If I remember correctly, they separate the spec ops along with suspected terrorists, high-ranking officers, suicide risks, high-profile inmates, etc. I don't know about sharing a cell, but it's an administrative separation so from what I heard, you still get privileges and they had a private dayroom type thing. I think the reason they separate is basically for safety. It's the same when a police officer is separated from the general population, I'd think. You have a guy claiming SEAL/SF/Ranger/Whatever, and someone's going to want to try screwing with them just because they (think) they can -- or they might decide to screw with another inmate.

*I have never been a SEAL, in the Navy, or in prison, so I'm not the authority, but this is what I heard from someone who was in the brig.

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