The Duma Blood Libel – Plea Bargain

The Duma plea bargain

The court is basing their evidence upon testimony which was disqualified after it was found to be forced under prolonged torture and extreme duress. A letter from the minor’s parents follows the article.

Chaya Chava Shulman, 12/05/19 14:58 | updated: 14:20

The State Prosecutor’s Office exerted heavy pressure on Elisha O. who was an alleged accomplice in the 2015 Duma arson, to agree to a plea bargain. The hearing is scheduled for May 12.

According to this plea deal, he will admit to having been involved in planning the arson in the Arab town of Duma. In exchange, he will be convicted of reduced offenses. His confession might incriminate another suspect, Amiram ben Uliel, who has consistently maintained his innocence.

The court is basing their evidence upon testimony which was disqualified after it was found to be forced under prolonged torture and extreme duress.

Michoel Fuah, one of the administrators of the Facebook page, The Duma Blood Libel, (Hebrew name: עלילת-דומא) has published the following article by Ruth Gavison regarding the torture of the suspects in what has become known as the Duma blood libel. (Ruth Gavison is one of Israel’s leading intellectuals and a renowned Israeli Law professor at the Hebrew University of Jerusalem who holds the chair for Human Rights and whose areas of research include Ethnic Conflict, the Protection of Minorities, Human Rights, Political Theory, Judiciary Law, Religion and Politics, and Israel as a Jewish and democratic state.)

She writes:

”We presently find ourselves at a critical juncture in the Duma blood libel. Not only is the issue of torture under examination, but also the question of the proposed plea deal.

“This proposed plea deal is a form of criminal extortion. The State Attorney’s Office is pressuring the family of Elisha O. to accept this plea deal with the unrelenting coercive pressure of the court. While accepting a plea deal will save time in the courtroom, it is inherently dishonest and is a distortion of the legal process. The prosecution has all the time and all means to pressure the defendant indefinitely to confess to the most serious charges. The defendant, on the other hand, does not have the financial or emotional means to wage a costly and lengthy legal battle to prove his innocence.

“The defendant also knows that there are quite a few issues in which the court does not rule on evidence. In these cases, defendants often admit to crimes they did not commit just to finally end the tortuous saga of a powerful legal system. And even if he does accept the plea deal, he knows that he is not guaranteed to be found innocent.

“In the case of the Duma arson, the situation is much worse. The State Prosecutor’s Office insists on including the minor’s confession in the plea bargain, even though the minor’s confession in this matter was rejected in a higher court due to the fact that it was elicited under torture. The goal of the prosecutor’s office is clear. They want to achieve the admission of guilt by a Jewish youth in the Duma case by ANY means possible. They want to remove the dark stain that hangs over all the high-level officials and legal bodies in Israel involved in this fraudulent case.”

We are interested in hearing Ruth Gavison’s opinion on another subject as well. Is it correct to allow plea bargains in criminal cases? Is it in the public interest to allow the State Prosecutor’s Office to extort confessions from defendants whose innocence seems likely, thereby enabling the real perpetrators to roam at leisure? (In this particular case, the evidence strongly points to Arabs in the village having committed the arson as part of a prolonged family feud which involved numerous Arab arsons against the Dawabshe family).

It would be fitting that the State Prosecutor’s Office close this case, which is based on confessions and reconstructions that were collected in improper ways and did not produce any concrete evidence. The policy of trumped up charges against innocent people must end!

https://m.facebook.com/story.php?story_fbid=1019019781501764&id=960177554052654

Addendum:

The plea bargain itself: The minor will plead guilty to three counts of price tag and conspiracy to arson, but the amended indictment disconnects the minor from the incident in the village of Duma and does not mention the name of the main defendant Amiram Ben Uriel.

This is a translation of the letter Elisha’s parents sent to friends:

Dear Friends,

By now I imagine that you have heard that we accepted the plea bargain offered to us. It was with tremendous discussion, deliberation and great qualms that we decided to accept the offer.

Two principles guided us.  The first being the ability to put this saga behind us and allow Elisha, full rehabilitation and to move on with his life.

The second was that the plea bargain would not  compromise any other defendant. 

We pray that these goals will be achieved.

In addition, we did not agree to  admit that Elisha is part of a terrorist organization. Therefore it will be decided by the court.

We deeply appreciate your prayers, care and support throughout.

In an imperfect world one must look forward and have Emunah that a better future lies ahead of us.

This is not the end and we have little control over the final verdict so we continue to pray for help from Hashem.

With great appreciation, 

Naama Odess

From Arutz Sheva, here.

תהלים פרק ט’ – לקרוא נכון

הנה פסוק בתהלים ט’ י”ד:

חָֽנְנֵ֬נִי יְהוָ֗ה רְאֵ֣ה עָ֭נְיִי מִשֹּׂנְאָ֑י מְ֝רוֹמְמִ֗י מִשַּׁ֥עֲרֵי מָֽוֶת.

שמתם לב שיש עוד נו”ן באמצע המילה?

‘Never Believe a Story Unless NOT Believing It Makes You an Apikores’

Ibn Ezra Shemos 2:22:

ותלד. כי אמר, משה. וזאת צפורה הוא האשה הכושית אשר אמר. ואשר כתוב בדברי הימים דמשה אל תאמן. וכלל אומר לך כל ספר שלא כתבוהו נביאים או חכמים מפי הקבלה אין לסמוך עליו ואף כי יש בו דברים שמכחישים הדעת הנכונה. וככה ספר זרובבל. וגם ספר אלדד הדני ודומה להם.

 

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Government Failure Is WORSE Than Market Failure

Do Capitalists Manipulate, Deceive, and Cheat?

Not as Much as Politicians Do

Real-world markets, according to Nobel laureate economist Robert Shiller, are all about manipulation and deception.

So he argues in a New York Times article summarizing his new book, coauthored with fellow Nobel laureate economist George Akerlof: Phishing for Phools: The Economics of Manipulation and Deception. According to Shiller, merchants and vendors regularly “phish for” ignorant consumers who they can mislead into acting less in their own interests and more in those of the phishermen.

The question is not whether the market fails, but whether the government is more likely than the market itself to correct those failures. 

Shiller claims that the theoretical defense of the free market depends on consumers being rational and well informed — a condition that doesn’t hold true in the real world. Drawing on behavioral economics, he argues that consumers are often possessed with cognitive biases that allow them to be systematically deceived by unsavory merchants. For this reason, Shiller argues, consumers need government regulation to protect their interests. The internal forces of the market are not sufficient.

Deux ex Nirvana

But government regulation is not an infallible deus ex machina. The question is not whether the market fails, but whether the government is more likely than the market itself to correct those failures. Economist Harold Demsetz coined the term “nirvana fallacy” to make this point: it is not enough to find flaws in the real world; one must prove that some feasible alternative is likely to be less flawed. James Buchanan, one of the fathers of public choice economics, compared advocates of government regulation to the judges of a singing contest who, after hearing an imperfect performance from the first contestant, immediately award the second contestant, reasoning that he must be better.

No, the market is not perfect, and consumers are often ignorant and manipulable. But the real question is this: Will government do any better?

Just because the first singer offered a less-than-perfect performance is no proof that the second singer will be any better. Ironically, Nudge author and former member of the Obama administration Cass Sunstein, no friend of economic freedom, accidentally makes this very point in his positive review of Shiller and Akerlof’s book.

According to Sunstein,

Bad government is itself a product of phishing and phoolishness, for “we are prone to vote for the person who makes us the most comfortable,” even when that person’s decisions are effectively bought by special interests.

So yes, people behave irrationally in their capacities as market participants, but they are no more rational in how they cast their votes than in how they spend their dollars.

Buying What You Don’t Want

The difference is that in a market, there are feedback signals, however attenuated. If a vendor cheats his customer by holding back information about his product, at least the customer will learn about the product’s faults after he purchases it, and he will buy from someone else next time. He will likely warn others, too. The consumer may have cognitive biases, but he has the opportunity to learn from his mistakes, prevent others from making them, and correct them in the future. The deceptive merchant will develop a bad reputation, and paying customers are motivated to learn about merchants’ reputations — especially as 21st-century technology develops ever-more-robust reputation markets, accessible through anyone’s smartphone.

By contrast, there are fewer feedback signals in politics and even fewer opportunities to act on that feedback. One vote barely counts, and each voter must vote not for specific policies, but for politicians with a range of policies. Electoral politics doesn’t really offer a choice so much as it imposes a bundle. A vote for a particular candidate implies endorsement of all the policies in that bundle when the truth is more likely that the voter has selected the least bad option. In the market, customers can easily split their “dollar votes” to purchase only the specific products they want.

In Freedom and the Law, Bruno Leoni notes that we are all doubly unrepresented by politics: we vote for A, but B defeats A in the election. Then, when B is sitting in the legislature, he is outvoted on a bill by C. So in the end, a person is governed by politician C who beat B, who in turn beat the voter’s preferred choice, A.

When Phoolishness Is Rational

In such a situation, it makes sense for voters to be rationally ignorant of the effects of government policies they are helpless to affect. Politicians are free to peddle shoddy products when they know voters have few opportunities to learn from their mistakes — and even fewer opportunities to correct them.

Meanwhile, markets tend to concentrate benefits and costs on the consumers who use a specific product. This internalization of costs and benefits promotes learning and feedback. In a market, a person must bear the consequences of his or her own actions.

In politics, benefits are concentrated on those whom the politician wishes to favor — such as financial donors and special interests whose attention is narrowly focused — while costs are dispersed among those whose attention is elsewhere, including many who focus on producing wealth instead of transferring it.

The combination of rationally ignorant voters and informed and motivated special interests encourages rent seeking. Private benefit and social cost diverge as the political process encourages the creation of new externalities. While markets tend to internalize the costs, politics encourages externalities.

So yes, consumers are often “irrational” and deceived and make mistakes. But, as Sunstein himself tells us, this is true in both politics and markets. The question is, Which institutional environment is more likely to promote learning from mistakes? And which institution — the market or politics — maximizes a person’s ability to correct those mistakes? Shiller and Akerlof have failed to prove that government regulation will detect or correct mistakes better than the market itself can.