Now, the ancient Hebrew system of criminal procedure was no such ideal
one as that above described. It should be remembered that there was no
body, under that system, corresponding to our modern Grand Jury, to
present indictments. There were no prosecuting officers and no
counselors-at-law, in the modern sense. The leading witnesses preferred
charges and the judges did the rest. They examined and cross-examined
witnesses, did the summing up and were, above all, the defenders of the
accused. The rights of the defendant seem to have alone been seriously
considered. This startling maxim was a constant menace to the integrity
of the government and to the rights of the commonwealth: "The Sanhedrin
which so often as once in seven years condemns a man to death, is a
slaughter-house."[322] Lightfoot is of the opinion that the Jews did not
lose the power of capital punishment as the result of the Roman
conquest, but that they voluntarily abandoned it because the rules of
criminal procedure which they had from time to time adopted finally
became wholly unfitted for convicting anyone. This view is unsupported
by historic fact, but it is nevertheless true that the legal safeguards
for the protection of the rights of the accused had, in the later years
of Jewish nationality, become so numerous and stringent that a
condemnation was practically impossible. The astonishing provision of
Hebrew law to which we have referred in Part II known as Antecedent
Warning had the effect of securing an acquittal in nearly every case. It
is contended by many that this peculiar provision was intended to
abolish capital punishment by rendering conviction impossible.
In the light of the principles above suggested let us review the action
of the Sanhedrin in condemning Jesus to death upon His uncorroborated
confession. The standard of thoroughness in investigating criminal
matters is thus prescribed in the Mosaic Code: "Then shalt thou inquire,
and make search, and ask diligently." The Mishna supplements the
fundamental law by this direction: "The judges shall weigh the matter in
the sincerity of their conscience." From what we know of the peculiar
tendency of the Hebrew system to favor the accused we are justified in
assuming that the two rules just cited were framed for the protection
of the prisoner more than for the security of the commonwealth.
Public-domain text, read in full here on John Shaqi.
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