The Impact of Moral Panic on the Criminal Justice System

Abstract

This article reveals the relationship between the societal phenomenon of moral panic and the specific waves that it generates in the legal system. It focuses on hit-and-run traffic offenses and suggests that a moral panic with regard to these offenses uniquely affected the Israeli criminal justice system during 2002–2013. The media generates concern, fear, and outrage that are disproportionate to both the size and the nature of the offenses. In describing hit-and-run accidents, both the media and the courts demonize the drivers. Both the courts and the legislature react to the panic with disproportionally harsh punishments. This article also offers a possible explanation for why hit-and-run traffic offenses generated moral panic uniquely in Israel, and why this occurred during the period 2002–2013. Although the article focuses on hit-and-run traffic offenses in Israel, it has more general implications: it reveals in detail the interaction between constructed public anxieties and systems charged with delivering justice.

Social Solidarity and Sentencing Disparities Between Ethnic Groups: The Case of Hit‐and‐Run Traffic Offenses

“…Our data include all cases in which defendants were convicted of hit‐and‐run traffic offenses in Israel from 2001 to 2013, excluding run‐over terror attacks and hit‐and‐run accidents that occurred in the course of other criminal activity. The data were collected as of 2001 because, despite both the severe maximum punishment for hit‐and‐run traffic offenses in Israel and the rhetoric of courts about the importance of social solidarity, until the year 2001 hit‐and‐run drivers were often sentenced to more lenient punishments, mainly disqualification from driving (Gur‐Arye ). The end of the research period (2013) was selected in order to include all cases that had come to a final decision.…”

“…The severity of the maximum punishment for hit‐and‐run traffic offenses in Israel—initially a maximum of nine years’ imprisonment, raised to 14 years as of 2011—reflects the importance of the ethos of social solidarity in Israeli society (Almog ; Gur‐Arye ; Kaplan ). The ethos of social solidarity in Israel is revealed primarily by its approach toward Good Samaritan laws, which impose on bystanders a duty to rescue individuals who are in danger.…”

“…The study will examine whether sentencing for hit‐and‐run offenses follows the general pattern of out‐group distrust, leading to harsher sentences for minority defendants in cases of cross‐racial/cross‐ethnic violent offenses, or whether judges in Israel evaluate violations of solidarity within an ethnic group—be it majority (Jews) or minority (Israeli‐Arabs)—more severely than violations of solidarity toward someone who is not part of the same ethnic group. Israel serves as an interesting case for studying this question since, on the one hand, Israel is a society deeply divided along ethnic lines (Factor et al ; Hasisi & Weitzer ; Hasisi ), and on the other, the ethos of social solidarity in Israeli society is very important (Almog ; Gur‐Arye ; Kaplan ).…”

“…Gur-Arye (2017) suggests that the increase in the maximum punishment reflects a moral panic about hit-and-run traffic offenses after several prominent cases. hand, Israel is a society deeply divided along ethnic lines (Factor et al 2014;Hasisi & Weitzer 2007;Hasisi 2008), and on the other, the ethos of social solidarity in Israeli society is very important (Almog 1997;Gur-Arye 2017;Kaplan 2008).…”

“…In 2011, this was raised to 14 years (Amendment 101 of the Traffic Ordinance [New Version]). Gur‐Arye () suggests that the increase in the maximum punishment reflects a moral panic about hit‐and‐run traffic offenses after several prominent cases.…”