One of our illusions is “Democracy”. We believe America is a democracy as we tend to believe Israel is a democracy, where in fact neither Israel nor America is a Democracy. We want to believe they are, we need this belief – we need the impression, the illusion of “equality” for all (maybe a French legacy from the revolution theme: Liberté, égalité, fraternité) but as Dio has told us, it is only an impression: “Democracy, indeed, has a fair-appearing name and conveys the impression of bringing equal rights to all through equal laws, but its results are seen not to agree at all with its title (Cassius Dio, Roman History 44)”.
Israel 2014 the crude reality:
Due process in a criminal case doesn’t exist in Israel, not in the lower court, the district court and not even in the Supreme Court. We want to believe we have a fair legal system, we feel compelled to believe we have a due process, but besides the wish it is all only an illusion as the lines above make us believe in something that is not there.
Some facts and numbers:
In Israel 2014, 185 people out of 100 thousand are arrested every year, not including terrorists. In contrast to the US (718 for 100,000) we are in “good shape” but in terms of Western Europe we are among the largest users of incarceration and arrests.
There are few explanations why we do so. One reason is the Israeli need for revenge. We like to see “bad people behind bars”. Another reason is the fact that there is no real penalty for putting someone behind bars by mistake or for no real reason. There is not real and substantial compensation if you have been unlawfully or unfairly arrested.
Judges are very often just a rubber stamp for the police force. Judges believe in the old dictate: “There is no smoke without fire” which in fact is nothing more than another mistake, another illusion and not a fact. Too many good people are put in jail because they cannot afford a good defense or because they know if they lose in court they will pay a deadly price. Do not forget for a second that in the Israel of today, 98% of all criminal cases end up as the accused being found guilty!
The police has way too much power, too much power necessarily brings too many abuses. The lack of punishment, urges police to continue its improper behavior pattern without any disturbance.
In spite of new regulations and a new law regarding arrests in Israel, we have arrested 60,000 people last year – up from 40,000 ten years ago! The number of inmates returning to jails is rampant and one of the highest in the entire free world. We have no real plan to bring these criminals back into the society – all the system does is be sure they stay away from us (the supposed good guys).
In a criminal case, access to hard evidence or even to the entire file is not granted easily to the accused and very often the access is denied. The DA has much power and more tools than the Public Defender (in Hebrew “Ha Sanegoria Hatsiburit”) who in general never has his hand up in any case.
Still the Public Defender is one of the finest organizations in Israel. Over 80% of all minors indicted in 2013 were represented by the public defender. Over 50% of all cases were represented by the Public Defender. They are mostly good professionals doing the impossible – fighting a ruthless system, crowded courtrooms, bias and especially a criminal system with no real due process.
Sad but true:
Where is the emphasis? Where will the police put their efforts? In the war against the underworld? If they are, we know it is not working, they are doing a good job as we see more daring attempts by criminals try to kill each other in public areas without any fear.
If you wake up and find a burglar inside your house, don’t call the police and tell them to come fast to catch the burglar. Most probably they will arrive after the guy has finished his job. But if someone calls the police to report that you are going to spank your child for bad behavior, the police will be knocking upon your door before you can say “Jackie Robinson”.
A word of wisdom:
Too many people have come to me seeking help when the situation is already out of control.
When asked why they waited so long before consulting a lawyer, the answer is almost always the same: “I didn’t think it would go so far”, “I didn’t believe the DA would proceed with an indictment”, “I was not familiar with the criminal procedures in Israel” etc.
Don’t wait! Be wise and don’t take unnecessary chances. A prepared suspect of any crime, especially before being questioned by the police, will have more chances to avoid an indictment.
