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Questions tagged [criminal-procedure]

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0answers
80 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 ...
1
vote
2answers
77 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 ...
2
votes
1answer
35 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 ...
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0answers
16 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 ...
3
votes
1answer
97 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 ...
4
votes
0answers
37 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 ...
3
votes
0answers
62 views

Can one be compelled to testify?

Can one 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 ...
1
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0answers
57 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?
6
votes
2answers
216 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 ...
6
votes
1answer
115 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? ...
2
votes
1answer
135 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 ...
1
vote
1answer
141 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 ...
0
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1answer
81 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. ...
3
votes
2answers
163 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. ...
6
votes
2answers
472 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 ...
1
vote
3answers
101 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 ...
20
votes
10answers
1k 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 ...
9
votes
1answer
133 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 ...
1
vote
2answers
2k 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? ...
11
votes
3answers
1k 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 ...
11
votes
4answers
794 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, ...
3
votes
1answer
100 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?