Friday, October 23, 2009

Incitement

Reported:-

Police on Thursday night arrested three right-wing activists near the Jerusalem home of Deputy State-Attorney Shai Niztan. Police said they found inciting material in their possession.


To remind you, legally, incite is to:

To arouse; urge; provoke; encourage; spur on; goad; stir up; instigate; set in motion; as in to incite a riot. Also, generally, in Criminal Law to instigate, persuade, or move another to commit a crime;...


In American criminal law:

INCITE A RIOT - Urging or instigating other persons to riot, but shall not be deemed to mean the mere oral or written (1) advocacy of ideas or (2) expression of belief, not involving advocacy of any act or acts of violence or assertion of the rightness of, or the right to commit, any such act or acts. 18 USC


and this as well:

Incitement - Encouraging the commission of crime

It is an offence to 'incite, instigate, command or procure' any person to commit a crime either at common law or against a statutory regulation.

A charge of incitement can be brought only if the crime is not committed, since, if it was committed, the 'inciter' would then be deemed a co-perpetrator or an accomplice in the crime.

While the courts initially held that someone was guilty of incitement only if there was an element of persuasion present - if, in other words, there was a reluctance on the part of the person incited to commit a crime, and this unwillingness was overcome by argument, persuasion or coercion - the courts later ruled that this is not necessary (although duress may be a defence). Therefore, it is possible to be convicted of a crime, even if the crime was incited during a police trap. However, the main intention of the trap must have been to trap, not to incite a crime.


I just can't wait to read the content of that flyer.

4 comments:

Anonymous said...

Hello,

I saw your video interview with BBC and thought it was great. I was just wondering.

Do you agree with the amendment in the law of return that prohibits a Jew who has "changed his/her religion" to make aliyah?

Particularily Jews who believe Yeshua is the Jewish Messiah and love & support the land of Israel.

YMedad said...

Let's clarify terms first.

A person who makes Aliyah through the law of return must be Jewish.

A person who believes in Jesus as a son of God, as a Messiah or as some one who has been resurrected is not a Jew but a Christian.

So...what was your question?

Anonymous said...

So i'll use your terms in quotes, not that I agree with them.

A person with a Jewish mother who "converts to Christianity" is still considered a Jew by halacha, although an, "apostate Jew"

In your opinion, do "apostate Jews" have no right to return to the land?

YMedad said...

according to the law, that person can move to Israel under the Law of Return as far as my legal expertise goes.