web analytics
September 2, 2014 / 7 Elul, 5774
At a Glance
InDepth
Sponsored Post
Jerusalem Mayor Nir Barkat (L) visits the JewishPress.com booth at The Event. And the Winners of the JewishPress.com Raffle Are…

Congratulations to all the winners of the JewishPress.com raffle at The Event



The Shahar Mizrahi Effect


Feiglin-Moshe

It is impossible not to make a connection between the intentional running over of the policeman this Friday night by an Arab car thief and the Shahar Mizrahi story.

A number of years ago, police officer Shahar Mizrahi felt that his life was in danger when an Arab car thief attempted to run him over. Mizrahi shot and killed his attacker and was sentenced to 15 months imprisonment. He appealed to the High Court, and the justices, headed by Chief Justice Dorit Beinisch, doubled his sentence to 30 months.

The police officers that tried to arrest the Arab car thief threatening to run them over this Friday night remembered the Shahar Mizrahi precedent well. None of them wanted to end his career in jail. One officer was run over, smashed against the windshield, thrown into the air, and seriously injured. I do not know the full extent of the police officer’s injuries, but he will probably remain crippled for his entire life, as it is not easy to bounce back from such severe injuries. It is Beinisch and her supportive colleagues in the Mizrahi verdict who are responsible for the cheapening of the police officers’ lives.

It is not only the police who are vulnerable; it is also Israeli soldiers. The High Court rulings on the procedure for arresting a suspect make it extremely difficult to take a suspect by surprise. This has made the soldiers’ lives cheaper than the lives of Israel’s enemies.

Remember the law proposed by MK Yariv Levin that would require a Knesset hearing for all High Court candidates? It was buried by the prime minister. The law dictates that the public’s representatives, who more or less proportionally represent the spectrum of views in Israeli society as expressed in the elections, would ask the candidates various questions. What do you think would be the fate of a candidate who, when asked if he or she considers it legal for a police officer or soldier who feels directly threatened to shoot in order to eliminate the threat, would answer that they have no such right? Would that candidate advance past the hearing? If High Court Justice Salim Jubran (who, for the record, refused last week to sing the national anthem at an official state event) answered no to the question of whether he would be singing “Hatikvah” at official ceremonies, would he progress past the representatives of the voters?

It is impossible to escape the feeling that the disconnection between the judges and society eventually engenders legal decisions that express scorn for the lives of Israel’s citizens.

We can certainly hope that the Hearing Law will be brought up once again for Knesset approval. New Chief Justice Asher Grunis has a much more streamlined approach to the role of the High Court, but this is still far from solving the root of the problem: The strongest system in Israel – the system that appoints itself and is not subject to public scrutiny – cannot hinge on the integrity of one particular justice.

The fundamental problem is the complete disconnect between the High Court justices and society. It will not be solved by changing the chief justice. The status of the High Court will continue to suffer until the public feels that the body that is supposed to protect it truly represents Israeli society and its values.

About the Author:


If you don't see your comment after publishing it, refresh the page.

Our comments section is intended for meaningful responses and debates in a civilized manner. We ask that you respect the fact that we are a religious Jewish website and avoid inappropriate language at all cost.

If you promote any foreign religions, gods or messiahs, lies about Israel, anti-Semitism, or advocate violence (except against terrorists), your permission to comment may be revoked.

No Responses to “The Shahar Mizrahi Effect”

Comments are closed.

SocialTwist Tell-a-Friend

Current Top Story
Along the Israel-Syrian border.
Jihadist Threat Rising on Israel’s Northern Border
Latest Indepth Stories
0.5-Shekel-hatasham-RJP

The War projects to lower Israel’s 2014 GDP 0.5% but will have little influence on foreign investors

The_United_Nations_Building

It is in the nature of the Nations of the World to be hostile towards the Jewish People.

champions

Hamas and Islamic Jihad are actually fighting to “liberate Jerusalem and all Palestine.”

IDF Chief of Staff Benny Gantz reviewing maps on the Golan Heights.

The bad news is that ISIS and Al Qaeda are on the Syrian Golan. The good news is that every terrorist in Syria is killing each other.

The congregants, Ethiopians spanning generations, were beaming with joy and pride.

The withdrawal from the Gaza Strip nine years ago did not enhance Israel’s security.

How does a soldier from a religious home fall in love with a soldier from a non- religious kibbutz?

In 19th century entire ancient Jewish communities fled Palestine to escape brutal Muslim authorities

Responsibility lies with both the UN and Hamas, and better commitments should have been demanded from both parties in the ceasefire.

But the world is forever challenging our Jewish principle and our practices.

If this is how we play the game, we will lose. By that I mean we will lose everything.

Reportedly, Egypt, Saudi Arabia, and the United Arab Emirates have formed a bloc that seeks to counter Islamist influence in the Middle East.

One wonders how the IDF could be expected to so quickly determine the facts.

While there is no formula that will work for everyone, there are some strategies that if followed carefully and consistently can help our children – and us – gain the most from the upcoming school year.

More Articles from Moshe Feiglin
MK Moshe-Feiglin

If this is how we play the game, we will lose. By that I mean we will lose everything.

MK Moshe-Feiglin

We take US “aid” for psychological reasons-if we have an allowance, that means we have a father.

All the tactical problems have solutions. The real problem is not with the enemy; it is with us.

Why couldn’t the artillery barrage have been implemented before the soldiers went into that hell?

The Gazan octopus arm is a test case, as the rest of the arms are closely watching it.

It is time for a total military siege on Gaza; Nothing should enter the Gaza Strip.

“The will to triumph is a prerequisite for victory.” Abba Kovner

Printed from: http://www.jewishpress.com/indepth/columns/moshe-feiglin/the-shahar-mizrahi-effect/2012/03/07/

Scan this QR code to visit this page online: