{"id":38093,"date":"2018-08-19T00:01:37","date_gmt":"2018-08-18T21:01:37","guid":{"rendered":"https:\/\/wp.929.org.il\/?p=38093"},"modified":"2022-03-11T14:20:58","modified_gmt":"2022-03-11T12:20:58","slug":"in-the-matter-of-the-state-v-isaac","status":"publish","type":"post","link":"https:\/\/wp.929.org.il\/en\/in-the-matter-of-the-state-v-isaac\/","title":{"rendered":"In The Matter Of The STATE v. Isaac"},"content":{"rendered":"
<\/div>","protected":false},"excerpt":{"rendered":"","protected":false},"author":7,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[281],"tags":[391,485,499],"acf":{"old_id":"38093","type":"no","iframe":"","writer":37737,"related_cahpter":"26","type_929":"2","show_author_image":false,"old_url":"","post_main_content":{"description":"Brief for Isaac, Appellant - Did he commit a criminal offense of submitting a false statement on a government form when he falsely represented that Rebekah was his sister?","content":"

QUESTION PRESENTED<\/span><\/p>\n

Whether Isaac committed the criminal offense of submitting a false statement on a government form when he falsely represented that Rebekah was his sister.<\/span><\/p>\n

ARGUMENT<\/span><\/p>\n

His Majesty, King Abimelech, found Appellant Isaac guilty of filing a false statement in violation of Section 1001 of Plishti Code (PC 1001) for having stated on his immigration form that his wife Rivka is his sister, and not disclosing truthfully that they are married. The King held that this false statement could have misled a Gerarite into seducing Rebekah in the mistaken belief that she is single. That, says His Highness, would have brought sin and disgrace on the entire community. Consequently, according to the judgment below, Isaac was guilty of a criminal offense.<\/span><\/p>\n

The conviction must be reversed because Isaac introduced evidence that required his acquittal under the \u201cnecessity defense.\u201d Isaac testified, with no evidence contradicting him, that reports of the immorality in the City of Gerar led him to fear for his personal safety if it were known in Gerar that he was the husband of beautiful Rebekah . Locals gangs would have murdered Isaac so as to be free to dally with Rivka. Isaac\u2019s false statement that Rebekah was his sister was the only alternative available to him to prevent homicide, and murder was avoided as a \u201cdirect causal relationship\u201d of Isaac\u2019s misrepresentation.<\/span><\/p>\n

The defense proffered evidence that Isaac had solid ground for believing the worst of the Gerar community. When Isaac\u2019s parents had arrived in Gerar years ago, King Abimelech (in his youth or, according to some, the father of the current King) was smitten by the beauty of Isaac\u2019s mother and immediately had her brought to his harem. Only because he was warned in a dream-like vision not to approach Sarah because she was married to Avram did King Abimelech liberate Isaac\u2019s mother. In Gerar immediate gratification of one\u2019s desires precedes deliberation of the consequences of one\u2019s actions. \u00a0<\/span><\/p>\n

Although Rebekah would not have yielded to any attempted seduction, the Gerarites would not have realized her virtue until after they did away with her husband. Hence Isaac was justified in submitting the false statement as necessary self-defense.<\/span><\/p>\n

CONCLUSION<\/span><\/p>\n

Isaac\u2019s conviction must be reversed with instructions to enter a judgment of acquittal based on the \u201cnecessity defense.\u201d<\/span><\/p>\n

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