Subscribe to Print Edition | Thu., December 14, 2006 Kislev 23, 5767 | | Israel Time: 20:24 (EST+6)
Haaretz israel news English
Search site 
  Back to Homepage
Print Edition
Diplomacy
Defense Opinion National Arts & Leisure Anglo File Sports Travel  
Magazine Week's End
Q&A
Business Underground Jewish World Real Estate Advertising  
Bookmark to del.icio.us
Last update - 15:49 14/12/2006
Supreme Court: In rare cases, courts can convict on confession alone
By Yuval Yoaz, Haaretz Correspondent

The Supreme Court ruled Thursday that courts may, in rare cases, convict a suspect on the basis of a confession alone, if the suspect confessed during police questioning but then chose to exercise the right to remain silent during trial.

The ruling essentially limits the effectiveness of a suspect exercising the right to remain silent during criminal proceedings.

Prior to the ruling, it was not possible to use a defendant's silence in court as "additional proof" of guilt, when accompanied by a prior confession.

Advertisement

The justices were split, however, on the question of how often a defendant's silence in court could justifiably be used as corroborating evidence.

In the majority opinion, former Supreme Court president Aharon Barak and Justice Edna Arbel specified three necessary criteria for securing a conviction in such circumstances.

First, the confession must gave a high level of credibility in the eyes of the police, based on it being logical and containing elements of truth.

Second, it must be confirmed that the suspect has not given a false confession due to pressure from external sources, for example if they were involved in organized crime or it is thought that they are taking responsibility for the actions of a member of their family.

Finally, there must be no evidence that the silence of the accused in court is due to external pressures or intimidation.

Bookmark to del.icio.us
The art and war
Suzanne Landau is the second woman to be chosen to curate Israel's pavilion in Venice.
Seniority on the job
Despite living longer, healthier lives, new laws are forcing Israelis to leave the workforce.
  1.   Applies to Jews only, Not palestinians 16:22  |  Natallie Durson 14/12/06
  2.   Confessions 17:37  |  Detlef 14/12/06
  3.   Haven`t we heard that before? 17:53  |  Sceptic 14/12/06
  4.   funeral of the justice system 19:44  |  afraid to reveal 14/12/06
  5.   #1 How do you arrest one who is throwing rocks at your direction? 19:57  |  Moshe 14/12/06
 Today Online
Netanyahu wants Ahmadinejad tried for genocide
Responses: 206
Israel worried Hamas and Iran developing strategic relations
Responses: 90
High Court: Int'l law does not forbid targeted killings
Responses: 159
Rosner: Christmas trees, Menorahs and the shortcut to hell
Responses: 115
Israeli Arabs must realize subverting the state offers no future
Responses: 39
The West has to make Iran pay for its uranium adventure
Responses: 52
Rosner's Domain
* Christmas trees, Menorahs and the shortcut to hell
* Poll: Did Olmert kill Israel's nuclear ambiguity?
* Q&A with Rabbi Epstein on Conservatives and gays
* On Conservative homosexuals and liberal values


More Headlines
19:53 Israel: Haniyeh can enter Gaza, but without millions in cash
20:15 Labor Central Committee agrees on leadership vote on May 28
16:16 Israeli forces kill 2 Palestinians in separate West Bank incidents
16:23 High Court: International law does not forbid targeted killings
18:21 Arab League chief reports progress but no deal in Lebanon
14:46 PA intelligence agent linked to Fatah abducted in Gaza City
15:49 Supreme Court: In rare cases, courts can convict on confession alone
19:47 Rapist Benny Sela files complaint over alleged police violence
16:20 Court orders criminal probe into IDF killing of Rafah girl in 2004
16:13 Arab MKs: Ruling on targeted killings authorizes 'war crimes'
Previous Editions
Special Offers
Advertisement
Yad Ezra VeShulamit
This Chanukah gift the gift of a hot meal to a Jewish child
ZAKA
Saving those who can be saved, honouring those who cannot
GoJerusalem!
See all that Jerusalem has to Offer. Click now!
JOIN FREE AT JDATE.COM
The most popular online Jewish dating community in the world! Explore the possibilities! Click Here!
Menorahs by Judaica Mall
Great selection of Hanukkah gifts
Bar Ilan University
One year MBA Taught entirely in English
CAMP KIMAMA ISRAEL
Israel's international summer camps!
Isrotel Chain
Eleven quality hotels in Israel's best locations
Supporting Israel's Independence
Get Israel's Independence kit - A unique and unforgettable presentation pack
Learn Hebrew Online
Learn Hebrew from the best teachers in Israel live over the Internet
Home| Print Edition| Diplomacy| Opinion| Arts & Leisure| Sports| Jewish World| Underground| Site rules|
© Copyright  Haaretz. All rights reserved