_False Witnesses.--Hebrew law provided that false witnesses should
suffer the penalty provided for the commission of the crime which they
sought by their testimony to fix upon the accused._
The Scriptural authority for this rule is the following:
"And the judges shall make diligent inquisition; and, behold, if
the witness be a false witness and hath testified falsely against
his brother, then shall ye do unto him as he had thought to do unto
his brother.
... And thine eye shall not pity, but life shall go for life, eye
for eye, tooth for tooth, hand for hand, foot for foot."[146]
"And they arose against the two elders, for Daniel had convicted
them of false witness, by their own mouth; and according to the law
of Moses, they did unto them in such a sort as they maliciously
intended to do their neighbor; and they put them to death."[147]
_The Accused as Witness.--The accused was never compelled, under
Hebrew law, to testify against himself; but was permitted and
encouraged to offer testimony in his own behalf. His confession of
guilt was accepted in evidence and considered in connection with
other facts of the case, but was never permitted, standing alone,
to form the basis of a conviction._
The following is the commentary of Maimonides on this rule of law:
We have it as a fundamental principle of our jurisprudence that no
one can bring an accusation against himself. Should a man make a
confession of guilt before a legally constituted tribunal, such
confession is not to be used against him, unless properly attested
by two other witnesses. It is, however, well to remark that the
death sentence issued against Achan was an exceptional case,
brought about by the nature of the circumstances attending it, for
our law never condemns on the single confession of an accused
party.[148]
It is needless to suggest that the accused was never put under oath. His
position in this regard was exactly the same as that of any other Hebrew
witness. A special reason assigned for not swearing the accused is that
offered in the celebrated maxim: "In most men religion is silent when
interest speaks." Again, the inducement to perjury was so great that it
was thought imprudent to allow the accused to confess under the
solemnity of an oath.
Public-domain text, read in full here on John Shaqi.
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