Unveiling Legal Mobilization Disputes in Prison: A Comprehensive Analysis of Prisoners’ Petitions in Israeli Courts

• In Event: Prison Standards, Rules, and Practices

Abstract

This paper delves into the pivotal role of the "claiming" step in legal mobilization disputes among prisoners, specifically focusing on the efficacy of petition cases filed in courts to promote their rights. Drawing from an extensive empirical study analysing over 3,000 prisoners' petitions in Israeli courts, the research offers valuable insights into the dynamics of legal mobilization within prison settings.
Quantitative analysis of the data reveals several key findings: a) disparities in access to justice; b) a significant proportion of petitioners achieve positive outcomes, with a high success rate; and c) a notable gap between court official decisions and petitioner outcomes.
By uncovering both overt and latent aspects within the "shadow of law," this study illuminates the strategic role of the petition tool as a "weapon of the weak" used by prisoners to address their grievances. Furthermore, the research aims to evaluate the effectiveness of legal mechanisms in protecting prisoners' rights and navigating the complexities of the prison environment. Through this exploration, the dynamics of legal empowerment within prison walls are elucidated, contributing to broader discussions on access to justice and prisoners' rights. The paper advances understanding of prisoners’ complaints and highlights the challenges associated with utilizing the petition tool.

Author

• Maya Rozenfeld, Hebrew University of Jerusalem