The Torah views publicizing punishment as a deterrent to others as well as the perpetrator

The question has been raised a number of time as to why I publicize the punishment of molesters since as long as they are in jail they can't commit further offenses? My answer is that publicity of punishment is viewed by the Torah as an important deterrent not only to the perpetrator but also to others. The following is a clear exposition of this idea from Torah sources.

Justice Menachem Elon (Principles of Jewish Law): The most common purpose of punishment, as found in the Bible, is "to put away the evil from the midst of thee" (Deut. 17:7, 12; 19:19; 21:21; 22:24; 24:7). While such "putting away" is applied in the Bible to capital punishment only (which indeed constitutes the only effective total elimination), the principle underlying the elimination of evil, as distinguishedfrom that of the evildoer (cf. Ps. 104:35 and Ber. 10a), provides a theory of punishment of universal validity and applicable to all criminal sanctions. It means that the act of punishment is not so much directed against the individual offender - who is, however, unavoidably its victim - as it is a demonstration of resentment and disapproval of that particular mode of conduct. By branding that conduct as worthy of, and necessitating, judicial punish­ment, it is outlawed and ostracized. Similarly, punishment is inflicted on the offender not so much for his own sake as for the deterrence of others: that all people should hear and be afraid (Deu 17: 13 - rebellious elder; 19:20 - perjury; 21 :21 - rebelious son). From the point of view of criminal law enforce­ment policies, the deterrent aspect of punishment in Jewish law is already the most important of all: people who hear and see a man heavily punished for his offense are supposed to be deterred from committing the offense and incurring the risk of such punishment (they "will do no more presumptuously" - Deut. 19:20). Hence the particular injunction to have the offender hanged on a stake after having been put to death (Deut. 21 :22), so as to publicize the execution as widely and impressively as possible; but note that the corpse must be taken off the gibbet before nightfall, "for he that is hanged is a reproach to God" and defiles the land (Deut. 21 :23) - and no concession made to policies of law enforcement can derogate from the affront to God involved in killing and hanging a human being.

It is not only the principle known in modern criminology as general prevention," the deterrence of the general public, but also that of "special prevention," the prevention of the indivi­dual offender from committing further crimes, that is reflected in Jewish law.It has been said that the imposition of capital punishment on such offenders as the rebellious son (Deut. 21: 18-21), the rebellious elder (Deu t. 17: 12), the abductor (Ex. 21: 16), and the burglar (Ex. 22: I) is justified on the ground that these are all potential murderers (cf. Maim., Guide 3 :41); and rather than let them take innocent human lives, they should themselves be eliminated. That the deterrent effect of punish­ment on the offender himself was a consideration which weighed heavily with the talmudical jurists is illustrated also by the rule that where punishment had proved to have had no beneficial deterrent effect on the offender and he has committed the same or some similar offenses over and over again, he would be liable to be imprisoned and "fed on barley until his belly bursts" (Sanh.9:5).

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Chaim Levin awarded $3.5 million for alleged abuse from his cousin

NY Daily News     A Brooklyn court on Wednesday awarded $3.5 million to a Jewish gay activist who sued his cousin for allegedly molesting him for several years when he was a boy.

Chaim Levin, now 24, claimed in a Brooklyn Supreme Court lawsuit that he was repeatedly molested by his first cousin Sholom Eichler at a synagogue, at a relative’s home and at an upstate bungalow where the family vacationed. [...]

A court referee ordered Eichler to pay Levin $1 million for pain and suffering and $2.5 million for future pain and suffering due to the repeated assaults, said Levin’s lawyer, David Krangle. [...]

The statute of limitations prohibited Brooklyn District Attorney Charles Hynes from taking action, a spokesman said. [...]

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Assistant D. A. criticizes Jewish Press for coverage of sex abuse

Jewish Community Watch       I know nothing of the organization and this is not to viewed as an endorsement- but the letter seems accurate and to the point.

Please find attached a letter I submitted to the Jewish Press over 3 weeks ago. To date, I havent heard a response. I assume its because Mr. Yanover, the author of one of the articles, is the online editor for the JP. Since sending this letter, the JP has removed the offending article, without posting a retraction or apology. You are free to post my letter, along with the text of this email in order to provide the readers context for the current submission.

Dear Jewish Press,

In light of the publication of two recent articles in your newspaper[1], I find myself writing this letter.  As an introduction, I am, and have been, a Deputy District Attorney in Los Angeles County for the past seven years. During this time, I have handled or been involved with 10,000 – 15,000 cases, including many sex-crimes related cases.  I have interviewed and counseled thousands of victims and witnesses, including various victims of sexual abuse.  I am also a member of the frum community having studied in a variety of yeshivas ranging from Litvish, Bobov and Chabad and I have obtained smicha.

As a person whose profession dictates seeking justice, I have found myself constantly at crossroads with many in the charedi community, including some of their leaders and rabbis.  Many rabbis and members of our community have limited knowledge or understanding of various halachic issues pertaining to criminality and particularly sex-abuse, resulting in a primitive perspective of these issues.  Further, due to the authoritarian structure in place for most of the various communities, we blindly follow our leadership, regardless of the negative example they have set pertaining to this specific area.

Many rabbonim, including William Handler, propose respect, honor, credit and total power be given to individuals who A) possess limited skill, knowledge or ability to handle these matters; and B) have engaged in cover-ups, resulting in innumerable harms to our communities.  Nevertheless, he continues to desire that the community trust such people.  We have created a society where the learned become rabbis and leaders, regardless of acumen, intuition or sensitivity.  Our system of governance is authoritarianism with too much power and credit being given to our “rabbonim.”  I certainly prescribe giving power and adhering to halachic rulings pertaining to areas of expertise, including kashrus, Shabbos and various areas of Choshen Mishpat.  Notwithstanding our rabbonim’s expertise in these areas, they have virtually no expertise in the areas of sex-abuse.

The anatomy a sex-abuse case takes is very complex (and the following is a general statement regarding composition such a case takes):  When a victim and/or legal guardian and/or mandated reporter initially make a claim, they are interviewed by a police officer. This officer may or may not have experience with sex-abuse.  Subsequently, a detective trained in sex-abuse reviews the statement and conducts his own interview of the relevant parties.  The detective may also conduct further investigative work to determine the veracity of the claims, including checking into various objective statements.  Once the detective determines that there is sufficient evidence to bring the case forward, he will provide it to his supervisor for secondary review.  If all parties approve, the detective will then present the case to a District Attorney.   The DA is typically also a trained expert in sex abuse. He will review the case and determine whether there is sufficient evidence to file a case.

An important tangent: A DA is not allowed to file a case unless they reasonably believe that there is sufficient evidence to prove the case beyond a reasonable doubt. I.e., they cannot willy-nilly file a case just to see how it turns out.  It is a violation of prosecutorial ethics, which can and does result in disbarment.  Furthermore, despite continuous claims by rabbonim and members of the community, of abuse of this power, no one has illustrated any case revealing a bias and a motive for a deputy or assistant DA in filing a case. (Regardless of criticism of Charles Hynes, his office has thousands of cases, and it is not likely that he reviews the cases that do not receive media attention. In Los Angeles, the DA is never involved in cases, including the thousands of sex-crimes cases, unless it is one of major high profile).

If the reviewing DA determines that the case possesses sufficient evidence (the DA may have sent the detective for further investigation numerous times before making this decision), a sex-crimes DA is assigned to the case.  This DA is required to personally interview the relevant parties to determine the veracity of their claims.  If the DA concludes that there is sufficient evidence, and that the parties are being truthful, the DA will file the case.  Next, the case is thoroughly vetted by the system. Either a grand-jury is convened or a preliminary hearing is conducted.  This ensures that an innocent person is not wrongly accused. Rarely, but on occasion, a case is dismissed in its entirety due to various issues (victim/witness refusal or unavailability, loss or destruction of evidence, other evidence pertaining to guilt or innocence is produced, or a person is actually innocent).  Consequently, there are numerous safeguards in place to ensure an innocent person is not wrongfully accused.

Importantly, all the players in these scenarios are trained professionals. Mr. Handler’s accusations that they are pseudo-professionals, notwithstanding.  All have gone through a variety of lengthy and complex training in order to achieve their status and understanding.  A typical sex-crimes DA has attended both university and law school, a DA training course, experienced multiple low level crimes for 1-5 years, managed over 1,000 cases, conducted numerous trials, and received both formal and informal training relating to sex-crimes.  Additionally, sex-crimes DA’s are continuously required to attend various trainings to assist in effective prosecution.  No DA office simply throws some inexperienced individual into the fray of sex-abuse and tells them to figure it out.  Contrast that with the deafening lack of training by our rabbonim.

Mr. Handler’s frantic and hysterical portrayal of governmental systems is designed to undercut the truth and portray a cruel, malicious and vindictive organization. His purpose is to legitimize predators. His purpose is not to protect victims.  He writes these accusations despite numerous rabbonim and battei dinnim ruling that a victim should go to the police (and agreeing that rabbonim lack the training and power to make decisions in this area). He writes despite numerous Torah sources, both modern and ancient, that dictate reporting to the police and maintaining a civilized society.

This brings me to the article written by Yori Yanover.[2]  In an appalling article, Yanover attempts to claim that it’s quite likely the victims are lying regarding an accused predator.  Mr. Yanover has no training in any of these matters; rather, he relies on his own perceived common-sense.  His proof that the victim claims are likely false is based on a chilling documentary known as “Capturing the Friedmans” – a single case from 25 years ago, that was the result of improper investigative techniques.  Amazingly, he is unaware of incredible strides taken in training and interviewing techniques, particularly in sex-abuse scenarios.  He is not an expert on sex-abuse, criminal justice, suggestive interviewing, or any other matter pertaining to the case.  The entirety of his expertise is that he taught 1^st and 2^nd grade for a total of two years.

Finally, both authors attempt to falsely portray that the system is out to get Jews and religious Jews in particular.  This sort of hysteria is counter-productive and ill-conceived.  It further puts our communities in an incredibly negative light.  Ultimately, it is a transparent attempt to protect the predators and the rabbonim who sheltered them.

In light of the many recent events revealing that our community also is affected by sex-abuse, it is time that we stop putting our faith into the rabbonim and rather put our faith into actual experts on these matters.

Sincerely,

Benny Forer

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[1] http://www.jewishpress.com/indepth/opinions/molestation-cases-must-be-handled-by-gdolim-not-by-experts/2013/05/26/
http://www.jewishcommunitywatch.org/jewish-teacher-charged-with-molestation-and-fired-on-dubious-grounds/

[2] http://www.jewishpress.com/news/breaking-news/jewish-teacher-charged-with-molestation-and-fired-on-dubious-grounds/2013/05/13/0/ – The Jewish Press has since removed this article, however, they failed to apologize or issue any sanction for the editor of this article.

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Suspicion: Sudanese men planned to molest girl

YNET   The Jerusalem Magistrate's Court extended until Sunday the remand of two Sudanese migrants who are suspected of planning to molest a five-year-old girl.

Local police officials said Thursday the girl was not hurt. During the remand hearing it was revealed that according to what the girl told her parents, she may have been hit in the head and blindfolded.

The two young migrants were arrested in the capital Wednesday after the girl's mother called the police as the suspects were making their way from Mikonor Street to a public park.

The remand hearing revealed that the girl was with the suspects at the time of their arrest. The girl, who was missing for about half an hour, said she was with the suspects for the entire time. The suspects claim she followed them.
The attorneys representing the Sudanese men said they were arrested due to the color of their skin. The police representative at the hearing told the court the suspects did not resist arrest and do not have a criminal record. [...] 

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Halachic Analysis: Stickering Cars – Is It Permitted?

Vos Iz Neias  posted with the permission of Rabbi Yair Hoffman

What should a shul do when do when a car blocks the flow of traffic in the shul parking lot?  A lot of shul leaders, of late, have taken to “stickering the car.”  These “stickers” are extraordinarily difficult to remove, but the rationale behind it is that the priver would prefer a sticker to being towed. 

What is the halacha here?

THE DRIVER IS A THIEF

Before we get to the issue of the actual “stickering”, it must be noted that parking illegally is technically considered trespassing, which is a form of actual theft.

How do we define trespassing? From the perspective of American law, trespassing is the act of illegally going onto somebody else’s property without permission, which could just be a civil law tort (allowing the owner to sue for damages), or it could be a criminal matter.

What exactly is the halachic violation? The violation is actually that of stealing. The Talmud (Bava Basra 88a) records a debate between Rabbi Yehudah and the Sages as to whether borrowing an item without permission renders a person a gazlan, a thief, or whether he simply has the status of a borrower.

Rabbi Yehudah maintains that he does not have the halachic status of a thief, while the Sages maintain that he does. The Rif and the Rambam both rule in accordance with the Sages-that he is considered a thief. Indeed, this is also the ruling of the Shulchan Aruch in four different places (C.M. 292:1, 308:7, 359:5, 363:5).

Is the “considered a thief” designation applicable in all cases? Generally speaking, borrowing an item has a value associated with it.  In the case of trespassing, there may be no particular value per se in setting foot on the person’s property, or in parking improperly. While this may be the case, the Chazon Ish (B.K. 20:5) writes that the prohibition of sho’el shelo mida’as (one who borrows without permission) applies even when the item is not something that generally has a market value, and even if the value is less than that of a perutah.

How do we know that borrowing without permission also applies to being on someone’s land, or parking illegally? Maybe, it can be argued that in order to “borrow,” you have to physically take an object; here, you are just taking up space on someone’s land. [...]

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Yosef Kolko Incarceration sheet for N.J. Prison

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The Waks Case in Australia : Abuse isn't reported to avoid abuse by the community

The Australian   The fears that choke child-abuse victims in every community cast an even darker shadow in orthodox circles, where dirty laundry is typically dealt with in-house. The archaic concept of Mesirah - the prohibition on reporting another Jew’s wrongdoing to non-Jewish authorities - still exerts a powerful hold. Zephaniah began to feel a bristling towards him from the first Sabbath after his son’s disclosures. That Saturday in the synagogue the most senior spiritual leader, Rabbi Zvi Telsner, delivered a stern sermon from the pulpit. “Who gave you permission to talk to anyone? Which rabbi gave you permission?” he thundered, without mentioning any names. Zephaniah and his wife Chaya walked out in a spontaneous protest with six others. Rabbi Telsner insists his remarks were not directed at any individual. “It’s like calling someone fat,” he tells me. “If you think you’re fat that’s up to you.” He had dismissed as “absolute rubbish” any suggestion he sought to discourage witnesses from stepping forward.

Slowly and surely, during the weeks and months that followed, the Waks began to detect slights and snubs in personal and religious forums, making life increasingly fraught. Zephaniah has been denied religious blessings routinely dispensed to others. Men who have accompanied him to religious studies for years now cut him dead. Intimate friends no longer share their table or invite him to family celebrations. Whispering campaigns besmirch him as a “dobber” or “moser” and anonymous bloggers have defamed him. [...]

Appearing with his son Manny in December, he gave his account of the dynamics at work. "Why people do not talk? What sort of pressure is put on people? If you come forward and it becomes known it is a closed community; everybody knows everything - you are going to have trouble getting marriages for your children. This is a very, very strong thing and people are very fearful... It's a terrible dilemma for a parent: family name, stigma - all that sort of stuff." [...]

Rabbi Telsner denies there has been a vendetta against Zephaniah: "It is absolutely false from beginning to end." He says the decision to withhold blessings from him was made by a synagogue committee. "We give it to the people who deserve it," he says.

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