Again, preliminary examinations of accused persons were not allowed by
Hebrew law. In the American states and in some other countries, a man
suspected of crime and against whom an information or complaint has been
lodged, is frequently taken before an examining magistrate to determine
whether he should be discharged, admitted to bail, or sent to prison to
await the action of a Grand Jury. At such hearing, the prisoner is
usually notified that he is at liberty to make a statement regarding the
charge against him; that he need not do so unless he desires; but that
if he does, his testimony may be subsequently used against him at the
regular trial of the case. But such proceedings, according to Salvador,
were forbidden by ancient Hebrew law. The preliminary examination,
therefore, by Annas or Caiaphas was illegal. The reason of the rule, as
above stated, was to protect the prisoner against furnishing evidence
that might be used against him at the regular trial of his case. The
private examination of Jesus illustrates the justice of the rule and the
necessity of its existence, for it was undoubtedly the purpose of Annas
or Caiaphas to gather material in advance to lay before the regularly
assembled Sanhedrin and thereby expedite the proceedings at the expense
of justice.
If it be contended that the leading of Jesus to Annas first, which St.
John alone relates, was merely intended to give the aged Sanhedrist an
opportunity to see the prisoner who had been causing such commotion in
the land for several years; and that there was no examination of Jesus
before Annas--the interrogation by the high priest concerning the
disciples and the doctrine of Jesus being construed to refer to an
examination by Caiaphas, and being identical with the night trial
referred to by Matthew and Mark--reply may be made that, under any
construction of the case, there was at least an illegal appearance
before Annas, as mere vulgar curiosity to see a celebrated prisoner was
no excuse for the violation of the spirit if not the letter of the law.
It is inconceivable, however, to suppose that Annas did not actually
interrogate Jesus concerning His disciples, His doctrine, and His
personal pretensions. To suppose that he demanded to see Jesus for no
other reason than to get an impression of His looks, is to insult common
sense. If Annas examined the prisoner, though only slightly, concerning
matters affecting the charges against Him that might endanger His life
or liberty, he had violated a very important rule of Hebrew criminal
procedure. The question of the amount of examination of the accused is
immaterial.
Public-domain text, read in full here on John Shaqi.
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