Wild West lawlessness - Haaretz

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Fri., February 15, 2008 Adar1 9, 5768

Israel Time: 03:05 (EST+7)

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Wild West lawlessness

By Haaretz Editorial

Tags: israel, police, constitution

Two days ago, the Knesset Constitution, Law and Justice Committee approved two alternative versions of the Shai Dromi bill. To correct a problem that barely exists, of citizens standing trial for harming burglars, the Knesset is promoting a law that will encourage citizens to confront and harm burglars, and be harmed by them.

On the night of January 13, 2007, Shai Dromi, the owner of a sheep farm in the Negev, shot robbers who had infiltrated his farm; he killed one and injured another. Dromi was tried for manslaughter. A wave of protests ensued about the helplessness of farmers in the face of those who steal livestock and agricultural equipment.

Four bills, aimed at exempting from punishment anyone who harms intruders, were approved in a preliminary Knesset reading last February. They were submitted by MKs from the conservative stream, which today dominates the Knesset: David Rotem (Yisrael Beiteinu), Yisrael Katz (Likud), Zvi Hendel (National Union-National Religious Party) and Eli Gabbai (NU-NRP).

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On Tuesday, the Knesset Constitution Committee approved two different versions of the bill. One is a joint proposal by the four MKs. According to the proposal, a person who harms someone who has broken into his house will be exempt from criminal responsibility, even if he was not exposed to any real danger and even if his response was unreasonable. An exemption from criminal responsibility will also be granted to anyone who harms an intruder who infiltrated his farm or his business - unless he does something patently unreasonable.

The second version that was approved was the government's. It is more moderate and relates only to the house and not to the farm. According to this draft, anyone who acts against an intruder will be considered someone who is in danger, who is therefore allowed to defend himself. Even if his actions exceeded the bounds of reason, the court will be permitted to be lenient vis-a-vis his sentence.

Law enforcement authorities expressed sweeping opposition to the MKs' version. In a meeting of the Knesset Constitution Committee in November, the representatives of the attorney general warned that the message of the draft bill (which were merged with the MKs proposal) is that "in certain cases protecting property is more important that protecting life" and that this is "a new and very dangerous norm."

The representative of the legal adviser to the Public Security Ministry said, "The bills greatly expand the possibility that someone will take the law into his own hands." Police representatives pointed out that even policemen did not have such broad powers to harm criminals. They said the bills could be interpreted as permission to kill a fleeing robber.

Police Superintendent Avi Davidson claimed the bill was superfluous. A comprehensive investigation he conducted did not uncover a single additional case of an indictment against "an innocent citizen who was protecting his house or his property from an intruder."

Not only is the MKs' version of the Shai Dromi bill harmful, it is useless. The problem of farm thefts should be solved by reinforcing security. The problem of attacks on the elderly will certainly not be solved by permission to use self defense. The government's version of the bill is measured and reasonable. But the fact that both proposals passed simultaneously is troubling. There is a fear that a far-reaching and extreme compromise will be reached, which will encourage violence and shooting. We must not go beyond the government proposal. We must not let Wild West lawlessness become the law practiced in Israel.

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