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Questions tagged [criminal-procedure]

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Did the ancient Israelite Kings appoint royal justices?

Did the ancient Israelite Kings appoint royal justices? If so, how is this distinct from the medieval practice of appointing beurim in certain medieval Jewish communities? And what powers were these ...
הראל's user avatar
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Halachic Right to Confront Accuser? [closed]

Does halachah protect a right to confront one's accusers similar to the constitutional protection in the U.S. and other places?
הראל's user avatar
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Where is the Halacha about a single available Cohen committing a crime?

There is a Halacha about one unique Cohen remaining in Eretz Yisrael and the consequence were he to commit a crime. I am seeking the original source as I only have a translation: If there was only ...
Benny's user avatar
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2 votes
3 answers
181 views

Can Noahides work as criminal prosecutors?

A Noahide named John Adams once said that, due to his religious beliefs, "I almost had to change my career" due to being a criminal attorney. One problem Adams would face as a prosecutor is ...
The Editor's user avatar
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Definition of "witness" for purposes of Devarim 19:15

According to Devarim 19:15, conviction requires two or three witnesses. To be a witness, what must an individual have "seen" or "known" per Vayikra 5:1? Would they need to see or ...
The Editor's user avatar
1 vote
1 answer
99 views

Are there any exceptions to the two-witness rule in Devarim 19:15?

What role, if any, should circumstantial evidence play in halachic courts dealing with criminal matters? Are there ever any exceptions to the requirement of two witnesses to convict someone of a crime?...
The Editor's user avatar
2 votes
0 answers
54 views

When is the "insanity defense" applicable in Jewish Law? [duplicate]

In regards to the Halimi murder in France, a person made the assertion that Jewish law would agree with the recent verdict, as someone judged to lack discernment is not culpable. My memory is that ...
Jimmy Bernstein's user avatar
5 votes
2 answers
354 views

Is it permitted for Jewish lawyers to defend those they believe to be guilty?

I am in (secular) law school and am exploring my professional options. One of those options is to become a criminal defence attorney. In my country of residence, attorneys qualified in a specific ...
JosephG's user avatar
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A rebellious elder is executed on the festival? How does that work?

The mishna in Sanhedrin 11:4 says that the rebellious elder is not executed by his local court but is instead taken to Yerushalayim and executed on the next festival in front of all the people. ...
Monica Cellio's user avatar
6 votes
1 answer
122 views

Why do the sages care if the condemned continues to deny his guilt to the end?

The mishna in Sanhedrin 6:2 explains how, when the condemned is being led out to be executed, they urge him to confess so he can have a portion in the world to come. This mishna ends: רַבִּי ...
Monica Cellio's user avatar
2 votes
2 answers
108 views

Is there an idea of Beit Din unlawfully pardoning, as opposed to unlawfully killing?

A Jewish Court is allowed to kill a person if it considers the killing worthy even if it is unlawful by the existing Jewish Halacha. This is called עונשין שלא מן הדין (Meggilat Taanit 86, also ...
Al Berko's user avatar
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1 answer
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Why would a third witness ever testify?

D'varim 17:6 tells us that "at the mouth of two witnesses, or three witnesses" a transgressor can be put to death. The mishna in Makkot 1:7 (and following) asks why it says "or three" if two is enough ...
Monica Cellio's user avatar
6 votes
0 answers
120 views

Prison in Halacha [duplicate]

I realized that nowhere (as far as I can tell) is there a reference to prison being a punishment in the Torah. The closest I even come to someone being kept in prison is the man found gathering sticks ...
ezra's user avatar
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2 votes
2 answers
192 views

Double jeopardy: can one be prosecuted twice for the same crime

(Based on how-many-witnesses-have-to-concur) I have never heard of a reference to an archive or a secretariat or something to process the paperwork. THere also was no connection between different ...
Al Berko's user avatar
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2 votes
1 answer
61 views

How many witnesses have to concur - two or three?

Devarim 17:6 says that the testimony of two or three witnesses should be used to determine the death penalty for someone who was found to have bowed to idolatry. Rash"I implies that all the witnesses ...
DanF's user avatar
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0 answers
20 views

Does the defendant give his testimony in Nefoshos trials?

The Gemmorah dedicates pages for discussing interrogation of witnesses in Nefoshos trials (NOT MAMONOS, NOT ISHUS), but I don't recall a discussion about the testimony of the defendant. Although the ...
Al Berko's user avatar
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4 votes
1 answer
126 views

A fully documented Sanhedrin trial to understand the process?

The Talmudic examples of Sanhedrin executions are numerous, but none brings a full documentary of the process, only the fact that someone was executed. That raises a lot of questions about the exact ...
Al Berko's user avatar
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4 votes
0 answers
47 views

Sanhedrin - investigating the evidence, the body and the crime scene?

As I get it, in the Jewish Law, the whole trial is based exclusively on interrogating the witnesses of all the details, but not a need for shreds of evidence or investigation of the crime scene. Say ...
Al Berko's user avatar
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6 votes
2 answers
285 views

Can one be compelled to testify?

Can a witness be compelled to testify? The Torah says you must testify [Lev. 5:1] but the Talmud says punishment for not doing so can only come from God [Bava Kamma 55b]. You may not want to testify ...
Maurice Mizrahi's user avatar
1 vote
0 answers
64 views

What is the Halacha related to whether or not to confess your crime prior to an investigation? [closed]

If you have committed a crime such as fraud and an investigation is imminent, is there any halachic guidance on whether or not to come forward to the victim?
Holechai's user avatar
8 votes
2 answers
454 views

Is one obligated to report a crime he witnessed?

Is there a Halachic obligation (besides for dinah d'malchuso) to report a crime to the non-Jewish (local/state/federal) authorities should one witness one? Does it matter if the crime is something ...
user avatar
6 votes
1 answer
292 views

Death penalty for non-Jews

Murder in the Torah is punished by the death penalty, but with many conditions. Were the rules of death penalty the same for Jews and non-Jews living in the holy land? What were the differences? ...
Nathan H's user avatar
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2 votes
1 answer
187 views

Could this passage have any relevance to artificial intelligence?

I've seen numerous different discussions online about how to handle artificial intelligence with regards to moral laws. How should we, as orthodox Jews, dispatch of these problems? I turn to this law ...
Evan Carroll's user avatar
1 vote
1 answer
242 views

How can one know if he is chaiv keret?

One can know if one is chaiv (liable to) mitah (death penalty), makkos (lashes), mammon (money) - the beit din says. But how can one know if he is chaiv karet (being cut off)? Also, does karet require ...
Craig Feinstein's user avatar
0 votes
1 answer
125 views

Do the laws of shmirat ha-lashon and the principle of diyyun le-khaf zekhut protect criminals?

I have heard many times people use the laws of shemirath ha-lashon and the principle of diyyun le-khaf zekhuth almost as an excuse to ignore crimes of theft, molestation, et al among religious people. ...
user avatar
3 votes
2 answers
228 views

How can you get Ka'asher Zamam if you became a Chalal

There is a rule that Ka'asher Zamam vilo Ka'asher Asa: the second set of witnesses have to appear in court "before the punishment" in order that the first witnesses get the punishment Ka'asher Zamam. ...
user6674's user avatar
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6 votes
2 answers
565 views

Laws regarding putting someone to death for violating the sabbath

Two witnesses go to the beit din and claim that so and so violated the sabbath on a biblical level. The witnesses claim they warned him in accordance with the rules and they did their part as ...
David Feigen's user avatar
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2 votes
3 answers
124 views

What is the source that an accused criminal must have been warned?

What are the Biblical and rabbinic sources that say that someone accused of a crime, especially a capital crime, must be proved to have had a prior warning or instruction that the activity was a sin ...
Bruce James's user avatar
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24 votes
14 answers
2k views

Does the Torah ever mention jail as a punishment for a crime?

I have learned that punishments in the Torah often (always?) have a rehabilitative aspect to them as well as providing justice to the victim, e.g. someone who steals and can't pay back the value of ...
DaagahMinayin's user avatar
10 votes
1 answer
188 views

Should someone who is falsely convicted by a relgious court attempt to avoid the death penalty?

This question discusses whether one may attempt to escape the death penalty imposed by a Beis Din for a capital offense. The answer to this question seemed to be that the person should not try to ...
Daniel's user avatar
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1 vote
2 answers
4k views

What is the ruling of adultery in Torah or Tanach

What is the punishment for adultery meted out in the Torah or Tanach? Is that punishment still being practiced in Israel? And how are the charges of adultery proved before meting out punishment? ...
knowit's user avatar
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12 votes
3 answers
2k views

Edim Zomemim - Why Not Believe Them?

There is a concept of Edim Zomemim (Wikipedia has it translated as "Collusive Witnesses") (עדים זוממים). Basically, if two witnesses testify about someone, and then two other witnesses come and say ...
yydl's user avatar
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13 votes
4 answers
2k views

what are the limits of "mesira"?

It seems that most people have an idea that you cannot report a Jew to the non-Jewish authorities (police, government, etc) except for extreme circumstances (imminent danger, abuse, etc). However, ...
Desert Star's user avatar
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4 votes
1 answer
118 views

Can a person who killed by accident subsequently be a witness?

If a person kills and there are only two witnesses and one witness has killed by accident before, are there two witnesses, or does the one who killed before not count?
Carrot monster's user avatar