NCJ Number
155649
Journal
Israel Law Review Volume: 27 Dated: (1993) Pages: 84-99
Date Published
1993
Length
16 pages
Annotation
This article discusses freedom and human dignity as essential constitutional principles that must underlie criminal law in the State of Israel.
Abstract
Since the establishment of a criminal prohibition is a limitation upon an individual's freedom to act, it should be done sparingly. Legislation, therefore, must comply with the values of the State of Israel, be directed toward a worthy purpose, and only to an extent that does not exceed what is necessary. Law should only be used to protect the most vital social interests of a state against particularly severe infringements when there is no less intrusive means for defending those interests. Law should not be used to protect a particular political interest, protect morals or religion, or limit freedom of expression and social interaction. Also, a criminal prohibition must efficiently achieve its purpose by taking into account the enforcement effort required. Sanctions should also be restrained. Imprisonment should be the last resort and should only be used for the most heinous crimes and the most dangerous offenders. People should be held accountable for their actions only to the extent that they are capable of controlling their behavior to comply with the law. Further, if society is to promote respect for human dignity, it must intensely try to rehabilitate offenders and help crime victims to recover. 18 footnotes