POINT VII
THE TRIAL OF JESUS WAS ILLEGAL BECAUSE IT WAS CONCLUDED WITHIN ONE DAY
LAW
"A criminal case resulting in the acquittal of the accused may
terminate the same day on which the trial began. But if a sentence
of death is to be pronounced, it can not be concluded before the
following day."--MISHNA, Sanhedrin IV. 1.
FACT AND ARGUMENT
CARE and conservatism, precaution and delay, were the characteristic
features of the criminal procedure of the ancient Hebrews. The principal
aphorism of the Pirke Aboth is this: "_Be cautious and slow in
judgment_, send forth many disciples, and _make a fence around the
law._"[261] The length and seriousness of their deliberations in
criminal proceedings of a capital nature were due to their supreme
regard for human life. "Man's life belongs to God, and only according to
the law of God may it be disposed of." "Whosoever preserves one worthy
life is as meritorious as if he had preserved the world." These and
similar maxims guided and controlled Hebrew judges in every capital
trial. Their horror of death as the result of a judicial decree is shown
by the celebrated saying: "The Sanhedrin which so often as once in seven
years condemns a man to death, is a slaughter-house."[262]
To assure due deliberation and reflection in a case where a human life
was at stake, Hebrew law required that the trial should last at least
two days, in case of the conviction of the accused. In case of an
acquittal the trial might terminate within a single day. Before
condemnation could be finally decreed a night had to intervene, during
which time the judges could sleep, fast, meditate, and pray. At the
close of the first day's trial they left the judgment hall and walked
homeward, arm in arm, discussing the merits of the case. At sunset they
began to make calls upon each other, again reviewing among themselves
the facts in evidence. They then retired to their homes for further
meditation. During the intervening night they abstained from eating
heavy food and from drinking wine. They carefully avoided doing anything
that would incapacitate them for correct thinking. On the following day
they returned to the judgment hall and retried the case. The second
trial was in the nature of a review and was intended to detect errors,
if there were any, in the first trial.[263] It was not until the
afternoon of this day that a final decree could be made and that a
capital sentence could follow.
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