which says: "Be cautious and slow in judgment, send forth many
disciples, and _make a fence round the law_."[165]
In addition to the maxims above mentioned, which were more religious
than legal, four cardinal rules of criminal procedure--"strictness in
the accusation, publicity in the discussion, full freedom granted
to the accused, and assurance against all dangers or errors of
testimony"[166]--molded the judgment and guided the consciences of
Hebrew judges. These sayings of the Fathers and maxims of the law were
the touchstones of all their judicial inquiries and meditations at the
trial of capital cases. With prayer in their hearts and these maxims
upon their lips, they applied themselves to the solemn duties of their
office.
A most interesting passage in the Mishna draws a striking contrast
between capital trials and those involving questions of money only. The
relevancy of the passage to this chapter is so great that it is deemed
best to quote it entire:
Money trials and trials for life have the same rule of inquiry and
investigation. But they differ in procedure in the following
points: The former require only three, the latter three-and-twenty
judges.
In the former it matters not on which side the judges speak who
give the first opinions; in the latter, those who are in favor of
acquittal must speak first.
In the former, a majority of one is always enough; in the latter, a
majority of one is enough to acquit, but it requires a majority of
two to condemn.
In the former, a decision may be quashed on review (for error), no
matter which way it has gone; in the latter, a condemnation may be
quashed, but not an acquittal.
In the former, disciples of the law present in the court may speak
(as assessors) on either side; in the latter, they may speak in
favor of the accused, but not against him.
In the former, a judge who has indicated his opinion, no matter on
which side, may change his mind; in the latter, he who has given
his voice for acquittal may not change.
The former (money trials) are commenced only in the daytime, but
may be concluded after nightfall; the latter (capital trials) are
commenced only in the daytime, and must also be concluded during
the day.
The former may be concluded by acquittal or condemnation on the day
on which they have begun; the latter may be concluded on that day
if there is a sentence of acquittal, but must be postponed to a
second day if there is to be a condemnation. And for this reason
capital trials are not held on the day before a Sabbath or a feast
day.[167]
Public-domain text, read in full here on John Shaqi.
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