{"title":"The Effects of Wartime on Discrimination in the Punishment of Arab vs. Jewish Defendants in the Israeli Criminal Law System","authors":"Tomer Einat, Sharon Toys","doi":"10.1007/s11417-023-09395-w","DOIUrl":null,"url":null,"abstract":"<div><p>The present article follows upon a previous one dealing with the discrimination of Arab defendants in Israel. If focuses on the effect of wartime on this discrimination by analyzing the acceptance or rejection of requests on behalf of Jewish compared to Arab defendants to revoke convictions in misdemeanors by Israeli magistrate courts in the past 20 years, as a function of periods of heightened hostilities and the judges’ ethnicity. The findings contradict those of the few and outdated studies conducted in the West, by pointing to the lack of influence of wartime situations, regardless of the judges’ or the defendants’ ethnicity. The conclusion is that particular periods of heightened hostilities do not affect the punitive policy against ethnic minorities in a country that consistently discriminates such minorities and is constantly engaged in war or violent conflict.</p></div>","PeriodicalId":45526,"journal":{"name":"Asian Journal of Criminology","volume":"18 1","pages":"43 - 60"},"PeriodicalIF":1.8000,"publicationDate":"2023-02-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Asian Journal of Criminology","FirstCategoryId":"90","ListUrlMain":"https://link.springer.com/article/10.1007/s11417-023-09395-w","RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"CRIMINOLOGY & PENOLOGY","Score":null,"Total":0}
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Abstract
The present article follows upon a previous one dealing with the discrimination of Arab defendants in Israel. If focuses on the effect of wartime on this discrimination by analyzing the acceptance or rejection of requests on behalf of Jewish compared to Arab defendants to revoke convictions in misdemeanors by Israeli magistrate courts in the past 20 years, as a function of periods of heightened hostilities and the judges’ ethnicity. The findings contradict those of the few and outdated studies conducted in the West, by pointing to the lack of influence of wartime situations, regardless of the judges’ or the defendants’ ethnicity. The conclusion is that particular periods of heightened hostilities do not affect the punitive policy against ethnic minorities in a country that consistently discriminates such minorities and is constantly engaged in war or violent conflict.
期刊介绍：
Electronic submission now possible! Please see the Instructions for Authors. For general information about this new journal please contact the publisher at [welmoed.spahr@springer.com] The Asian Journal of Criminology aims to advance the study of criminology and criminal justice in Asia, to promote evidence-based public policy in crime prevention, and to promote comparative studies about crime and criminal justice. The Journal provides a platform for criminologists, policymakers, and practitioners and welcomes manuscripts relating to crime, crime prevention, criminal law, medico-legal topics and the administration of criminal justice in Asian countries. The Journal especially encourages theoretical and methodological papers with an emphasis on evidence-based, empirical research addressing crime in Asian contexts. It seeks to publish research arising from a broad variety of methodological traditions, including quantitative, qualitative, historical, and comparative methods. The Journal fosters a multi-disciplinary focus and welcomes manuscripts from a variety of disciplines, including criminology, criminal justice, law, sociology, psychology, forensic science, social work, urban studies, history, and geography.
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