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HU Credits:
4
Degree/Cycle:
1st degree (Bachelor)
Responsible Department:
Law
Semester:
2nd Semester
Teaching Languages:
Hebrew
Campus:
Mt. Scopus
Course/Module Coordinator:
Anat Horovitz
Coordinator Office Hours:
Monday, 21.00-22.00
Teaching Staff:
Dr. Anat Horovitz
Olsha Noah
Course/Module description:
What are the basic principles of criminal procedure in Israel? What was the impact of the Basic Law: Human Dignity and Liberty on this branch of law? Are the rules governing criminal law enforcement in Israel consistent with the stated values of the system? To what extent did the Israeli criminal procedure remain loyal to the adversarial system from which it developed? These and other questions will be discussed during the course, which will review the legal arrangements applicable to the criminal process, from the investigation and through the criminal trial.
Course/Module aims:
The course aims to introduce the principles of Israeli criminal procedure and to give the students tools to critically examine its development in recent years.
Learning outcomes - On successful completion of this module, students should be able to:
Identify and locate rules and doctrines (primarily legislation and case law) governing criminal procedure in Israel;
Descriptively and normatively analyze complex issues in criminal procedure, applying the relevant doctrines and legal policy considerations;
Articulate textual, interpretative, and policy arguments for and against different legal propositions;
Criticize existing criminal procedure legislation and case law and make suggestions for reform;
Use the tools acquired in the course to analyze other issues in administrative and constitutional law and and legal issues in general;
Attendance requirements(%):
Attendance required
Teaching arrangement and method of instruction:
The course is based on 13 lectures of 3 academic hours given by the head teacher, and 7 exercises of two academic hours provided by the practitioner. The lessons and exercises are conducted in an integrated lecture and discussion mode. In addition, the students are required to hand in one paper at the middle of the semester and may also hand in several extra credit papers during the semester.
Course/Module Content:
The topics of the lectures:
1.1 Introduction - Israeli Criminal Procedure and the Basic Law: Human Dignity and Liberty
1.2 Hearings, closing a criminal case and the decision to indict
1.3 The right to inspect the evidence
1.4 Indictment: the defendant and the right to legal representation
1.5 Preliminary arguments and the defendant's response to the facts of the indictment
1.6 Management of the criminal trial: The role of the Judge
1.7 Plea Bargaining
1.8 Structure of the criminal trial: determining criminal responsibility and sentencing
1.9 The status of the victim in the criminal trial
1.10 The finality principle and its exceptions: Re-trial, Re-heaing, and pardon
The topics of the exercise classes:
2.1 The criminal investigation
2.2 Search and seizure
2.3 Detention for investigation
2.4 Gag orders regarding name of suspect and details of the investigation
2.5 Detention until the end of proceedings
Required Reading:
Additional Reading Material:
Course/Module evaluation:
End of year written/oral examination 90 %
Presentation 0 %
Participation in Tutorials 0 %
Project work 10 %
Assignments 0 %
Reports 0 %
Research project 0 %
Quizzes 0 %
Other 0 %
Additional information:
5 bonus points will be given for extra credit work: 20% of the points for completing a task - details of which will be explained during the first exercise and 80% of the points for handing in short exercises based on the reading materials.
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