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Courting ConflictThe Israeli Military Court System in the West Bank and Gaza$
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Lisa Hajjar

Print publication date: 2005

Print ISBN-13: 9780520241930

Published to California Scholarship Online: March 2012

DOI: 10.1525/california/9780520241930.001.0001

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A Suq of Deals: Plea Bargaining

A Suq of Deals: Plea Bargaining

Chapter:
(p.218) Chapter 8 A Suq of Deals: Plea Bargaining
Source:
Courting Conflict
Author(s):

Lisa Hajjar

Publisher:
University of California Press
DOI:10.1525/california/9780520241930.003.0009

This chapter describes the legal process, which is dominated by plea bargaining. In particular, it investigates the factors that affect plea bargaining, compares how outcomes are achieved, and discusses how legal work and the legal process are perceived by those directly involved in military court system. Time and money bear heavily on the prevalence of plea bargaining. Some lawyers certainly lack the professional skills needed to handle the pressures of a trial, so they “need” to plea-bargain. But in this court system, plea bargaining is the norm, not the exception. Legally and politically, the prevalence of plea bargaining in the military court system is a rational response to the carceral nature of military occupation and the constricted options available to Palestinian defendants and their lawyers. But plea bargaining also reveals that people can and do maneuver for advantages, even under such conditions.

Keywords:   plea bargaining, legal work, military court system, military occupation, Palestinian defendants, lawyers, time, money

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