It will thus be seen that probably no two witnesses who were legally
competent to testify could have been secured to condemn Jesus upon the
charge preferred at the trial. In their desperation, then, the members
of the Sanhedrin were compelled to employ false testimony and a
confession which was equally illegal.
POINT IX
THE CONDEMNATION OF JESUS WAS ILLEGAL BECAUSE THE VERDICT OF THE
SANHEDRIN WAS UNANIMOUS
LAW
"A simultaneous and unanimous verdict of guilt rendered on the day
of the trial has the effect of an acquittal."--MENDELSOHN,
"Criminal Jurisprudence of the Ancient Hebrews," p. 141.
"If none of the judges defend the culprit, i.e., all pronounce him
guilty, having no defender in the court, the verdict of guilty was
invalid and the sentence of death could not be executed."--RABBI
WISE, "Martyrdom of Jesus," p. 74.
FACT AND ARGUMENT
FEW stranger rules can be found in the jurisprudence of the world than
that provision of Hebrew law which forbade a conviction to rest upon the
unanimous vote of the judges. A comparison instantaneously and almost
inevitably arises in the mind between the Saxon and Hebrew requirement
in the matter of unanimity in the verdict. The finest form of mind of
antiquity, with the possible exception of the Greek and Roman, was the
Hebrew. One of the finest types of intellect of the modern world is that
of the Anglo-Saxon. The Hebrew organized the Sanhedrin, and, under God,
endowed it with judicial and spiritual attributes. The Anglo-Saxon, on
the shores of the German Ocean, originated the modern jury and invested
it with its distinctive legal traits. With the Anglo-Saxon jury a
unanimous verdict is necessary to convict, but with the Hebrew Sanhedrin
unanimity was fatal, and resulted in an acquittal. A great modern
writer[282] has declared that law is the perfection of reason. But when
we contemplate the differences in Hebrew and Saxon laws we are inclined
to ask, in seeking the degree of perfection, whose law and whose reason?
But, after all, the Jewish rule is not so unreasonable as it first
appears, when we come to consider the reason of its origin. In the first
place, as we have seen in Part II, there were no lawyers or advocates,
in the modern sense, among the ancient Hebrews. The judges were his
defenders. Now if the verdict was unanimous in favor of condemnation it
was evident that the prisoner had had no friend or defender in court. To
the Jewish mind this was almost equivalent to mob violence. It argued
conspiracy, at least. The element of mercy, which was required to enter
into every Hebrew verdict, was absent in such a case.
Public-domain text, read in full here on John Shaqi.
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