Capital punishment among the Jews : $b a paper read before the New York Board of Jewish MinistersPool, David de Sola
Religion
Capital punishment among the Jews : $b a paper read before the New York Board of Jewish Ministers
Pool, David de Sola
Capital punishment (Jewish law)
punishment is clearly seen in their leaving to the heavenly tribunal
the punishment in all cases where _Kareth_ is prescribed in the
Bible.[141]
The other restrictions in court procedure are too well known to need
setting forth here in detail. It is enough to mention some of the rules
of evidence, particularly the minute safeguards with which the giving
of testimony was surrounded. Torturing of witnesses to extract from
them convicting evidence was entirely unknown. The aim of the court was
to lead the witnesses into giving evidence favorable to the accused,
not to coerce them into helping condemn him. According to R. Jose b.
Jehudah, a witness could testify only in favor of the accused.[142] The
two witnesses had to be free adult men,[143] sound in mind and body,
of unquestioned integrity,[144] and free of all suspicion of personal
relationship to the defendant[145] or interest in the case.[146] They
were first solemnly warned and adjured as to the blood responsibility
resting on them and their heirs after them.[147] They were then
cross-examined separately,[148] very searchingly,[149] with the
_haqira_ affecting place,[150] time, the warning, etc., and with the
_bediqa_ going into the smaller details.[151] A slight contradiction or
discrepancy in their evidence invalidated their testimony.[152] They
had to prove the act, and, what was far more difficult, prove also the
intention. In order to be able to prove deliberate and understanding
premeditation, the witnesses must both have warned the accused before
he committed the crime,[153] with a clear warning (_Hathraa_),
including a definite reference to the kind of punishment and the
measure of punishment which his act would involve.[154] The warning
given by them had to have been so clearly understood, that the accused
had replied that he would commit the crime none the less, thereby
showing that he had fully understood the warning.[155] The act must
have followed closely on their warning, or the warning by the witnesses
was not considered adequate, on the ground that in the intervening time
it may have escaped the culprit’s memory.[156] If there was a technical
flaw in the giving of this warning by the witnesses, the accused was
given the benefit of the doubt that there had not been _dolus_ but
only _culpa_,[157] and where the crime was not premeditated, no death
penalty could be imposed.[158]
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