Kareem
1801
I wonder if judgefloro agrees with the Maimonides principle.
Kirian
1803
Holy shit!
[Seriously. He’s still a judge?]
Wow.
I’m really looking forward to what Shiroko and Jag comes up with now.
Jag
1805
I would ‘come up with’ the fact that the (completely unsubstantiated or verified, but why should that matter?) ‘letter’ that is quoted in that link purportedly comes from an Israeli who is as disgusted with the verdict as many others Israelis who are saying she should have been in jail instead. What’s your point?
How bout I “come up with” something:
Has the case been appealed yet? Is it even going to be? Because if a higher court has previously overturned a gratuitously retarded ruling by this judge, maybe they’ll do it again.
Can you appeal a sentencing after you plea-bargain?
(This post brought to you by the “I Am Not A Lawyer” brigade.)
The case had 3 judges BTW. So even if the mentioned judge Drori is an ass. (Possible, but not for the subjective and not totally accurate description of last year’s case)
As for Kashour appealing, it seems he won’t be doing so since I haven’t seen a word about it. (Usually such news includes this information)
I found it quite weird since appealing to the supreme court is a pretty good idea. The supreme court is known to be highly liberal in Israel in these issues and avoids such racist pitfalls.
I tend to assume Kashour is not an idiot, or at least his lawyer isn’t. So if they took the bargain they had a reason to believe it was a good deal.
Anyway, I will go look up the verdict. It probably contains some more facts about the case.
O.K.
Here is some stuff I found. The public advocacy is currently reviewing the case and deciding if an appeal should be submitted to the supreme court. (Which answers the question if one can appeal after a bargain)
The court’s decision is related to a case which reached the supreme court in 2008. Zvi Suliman had sex with several women under the false pretense that his wife is a worker in a goverment office and that he can get cheap housing for the women.
The supreme court decided this case was rape. While past similar cases were considered as fraud the court decided that such cases should fall under the category of fraudulent rape.
Saliman was sent to 10 years in prison. (Albeit, he had several victims)
It seems the current ruling is an interpretation of the supreme court, which might have took it one step further than they meant.
Anyway, if Kashour’s case will seem as a racist unreasonable ruling to the defense they will probably appeal.
Well, I don’t know enough details to be able to make an expert comment, but it seems to me that there’s a definite distinction between what happened in the Suliman case and what’s happened in the Kashour case. In the Suliman case, he said “you do X for me, and you will get tangible benefit Y in exchange”. This isn’t just a lie (and lying in general isn’t illegal); it’s a lie told with the intent to defraud somebody by promising something you don’t intend to give in exchange for a benefit you will definitely receive. Whether it’s fraud or fradulent rape or something else, it’s definitely something that ought to be illegal.
In Kashour’s case, he didn’t promise her anything. If she’d had sex with a Jewish man under the same circumstances there would have been no case to answer for. And in fact, she didn’t ask if he was Jewish, so he didn’t dishonestly claim to be Jewish. He just gave a fake name; the comparison with Suliman seems tenuous at best. In fact, personally I think she ought to be prosecuted, since she invented a false claim that he forcibly raped her; falsely accusing someone of a serious crime is itself a crime, or should be.
He raped me!..Well, OK, he didn’t but he did say his name was Benjamin, so naturally I fucked him.
idrisz
1811
She is doing her part in repopulating the Jewish population. Are you??
<insert starship trooper propaganda>
Just sew on Ynet (Hebrew version only) that Kashour’s lawyer filed an appeal to the supreme court.
So we can get back to this subject in two-three years I guess.
Flowers
1814
You say that like this thread did not start in January of 2009. It probably won’t even be thread necromancy, as this is the thread that cannot die.
Hey, speaking of the aid flotilla, a US citizen on board has been found by the UN to have been killed execution-style by the Israeli commandos, shot in the face and several times in the back at point blank range.
http://www.washingtonpost.com/wp-dyn/content/article/2010/09/29/AR2010092907110.html
HuffPo goes into much more detail:
The shooters feared for their lives! Honest!
Interesting stuff. To be fair, a lot of it seems sketchy because the UN was not allowed access to the Israelis so you got a one-sided version of events, but that’s of course Israel’s own fault for blocking them.
As an aside, does it really matter if it was a U.S. citizen or not?
Only to Americans as they view American lives being far more important than those of other nationalities.
Well in theory it should make it harder for the US government to ignore this. I’m sure it’ll be fine, though. Israel gets to do whatever it wants.
Frankly, that’s a pretty weak theory on a forum that’s discussed the merits of the US putting one of their own citizens on a hit list.