Judicial discretion is an essential component of our criminal justice system, affording latitude that's necessary in handling the full range of cases it receives.

However, the way that discretion was applied in the sentencing of convicted child abuser Rita Makekau showed poor judgment in the extreme.

Circuit Court Judge Virginia Crandall's decision to allow Makekau to remain free on bail pending her appeal should be corrected in the interest of public protection.

Makekau had admitted to an unconscionable record of abuse, a horrifying list of brutal acts against her sister's five children over whom she took custody four years ago. These included beatings, submerging the children beneath the surface of water in a bathtub and shoving a broomstick down a child's throat.

Her only cited basis for appeal: the contention that, as a Native Hawaiian, she is not subject to U.S. laws.

It's abhorrent that an admitted abuser be set free while making such an appeal. The court's decision leaves the community at risk of further violence at the hands of this convicted felon.

Wherever Crandall got the idea that sovereignty was credible as grounds for an appeal, it wasn't from any recent version of the Native Hawaiian federal recognition legislation. None waive the state's criminal jurisdiction over Native Hawaiians.

City Prosecutor Peter Carlisle is absolutely right in insisting that Makekau begin her five-year prison term sooner, not later, for her crime. For somebody who refers to herself as "Her Highness," Makekau has committed an utterly ignoble act.