Visiting the Israeli
Supreme Court was both fascinating and very informative! Not only was I able to
learn more about the inner workings of the Israeli legal system, but I was also
able to make comparisons with the American legal system as well. This is
especially interesting to me, since I am also a criminal justice major and have
taken classes concerning the American legal system before. Unlike the United
States, the state of Israel does not have a constitution and its legal system
is a hybrid: while it is Western in culture, it evolved from both English Common
Law and Civil Law. The country’s unique
historical experience created an Israeli legal system with its own unique
jurisprudence. In addition to this, I learned that there are several features
that are unique to Israel and set its judicial system apart from the United
States. Some of the more notable aspects of Israeli law are the following:
-
The jury system does not exist in the
state of Israel. Instead of having a jury, there are usually 3 judges that sit
on a panel; in rare cases they may sit in larger panels with up to 11 justices.
-
The presumption of innocence applies.
-
Almost all cases are tried by the lowest
court unless the crime is severe, or there is a lot of monetary damage.
-
Every litigant automatically gets the
chance to appeal once.
One final aspect that I
found to be extremely fascinating is the religious court system; it is unlike
any other American system and unique to Israel. According to the tour guide, it
was established around 1947, and was established in order to better serve the
various religious communities in Israel. The Jewish religious courts’, the
Rabbinical courts, jurisdiction is limited to matters of marriage and divorce. The
Muslim, Christian and Druze have their own religious courts which have similar
jurisdiction over their followers, although Muslim religious courts have more
control over family affairs
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