Israel: The Supreme Court’s New, Cautious Exclusionary Rule

  • Rinat Kitai Sangero
  • Yuval Merin
Part of the Ius Gentium: Comparative Perspectives on Law and Justice book series (IUSGENT, volume 20)


Although Jewish law has its own ancient roots, modern Israel has been heavily influenced by the English Common Law and its approach to the exclusion of unlawfully gathered evidence has very definitely been cautious, as is the case in England and Wales and many other countries in the English Commonwealth, such as Australia and New Zealand. In fact, courts had refused to suppress illegally gathered evidence which was relevant to guilt until the landmark decision of the Israeli Supreme Court in the case of Isaacharov in 2006. This Chapter discusses that case, where the evidence of guilt was based a confession of guilt by a soldier in violation of the right to counsel, in great detail and discusses the weaknesses and strengths of the Israeli Supreme Court decision and the prospects for development of the Israeli approach to exclusion of illegally gathered evidence in the future.


Human Dignity Criminal Procedure Defense Attorney Fair Trial Exclusionary Rule 
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Copyright information

© Springer Science+Business Media Dordrecht. 2013

Authors and Affiliations

  1. 1.The Academic Center of Law and BusinessJerusalemIsrael
  2. 2.College of Management School of LawRamat-HasharonIsrael

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