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OpEdNews Op Eds    H3'ed 9/11/09

Problems Defending Palestinians in Israeli Courts

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Around 98% of the time, plea bargains, not trials, settle things because lawyers prefer them for the following reasons:


-- they often best serve clients under a grossly unfair system; so if a defendant confessed under torture and it's admitted as evidence, a plea bargain is the best option;


-- civil cases must be completed in nine months, but military ones may take two years without bail for charges bringing shorter sentences;


-- the ordeal of trial and detention, family separation, and other systemic inequities means clients are better served by ending proceedings faster;


-- going to trial and losing may bring harsher sentences because the courts are so overloaded, the authorities want fast resolutions and aren't pleased when they're extended; and


-- it's hoped that bending to the prosecution will bring greater leniency; contesting is generally futile and harmful to client interests under an unfair system.


Appeals


Military Courts of Appeals accept them, and orders barring access to lawyers and extending administrative detentions may be appealed to Israel's High Court. In cases involving security threats, appellate reviews don't help. Succeeding presents an onerous burden requiring lawyers to prove legal errors or effectively demonstrate that sentences were unfair.


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