Judaism and Capital Punishment
Following the shooting of the police woman Sharon Beshenivsky in Bradford on November 18th 2005, the former Metropolitan Police Chief , Lord Stevens has said the death penalty should be reinstated for people who kill police officers. What is the Jewish view with regard to capital punishment?
Judaism does believe in the death penalty in certain extreme cases, The Torah mandates the death penalty for pre-medidated murder (Shemot 21:12-14; Numbers 35:31) Idolatarous behaviour and certain forbidden relationships e.g adultery, incest etc and even kidnapping (Exodus Chap. 20 – the Ten Commandments)
However, Jewish law mandates many caveats to actually securing an execution. First of all there have to be two witnesses to the actual crime. Even strong circumstantial evidence is inadmissible for the purposes of capital punishment. Secondly, the witnesses need to give an official ‘warning’ to the perpetrator that if he commits the offence he is liable to the death penalty. The perpetrator needs to clearly accept this warning and commit the crime within a few seconds of the warning, thus distinguishing the act as utterly premeditated and the sinner completely aware of the consequences. Even if all the above conditions are satisfied there is still no certainty of conviction as the witnesses are subject to very aggressive cross-examination. If certain details of the witnesses testimonies do not correspond or if they are inaccurate in describing the full cirmcustances surrounding the event they can be disqualified and the conviction will not be secured.
Furthermore, according to the Talmud, “any doubts in a capital crimes should always be for the benefit of the accused” (Baba Batra 50B, Sanhedrin 79A). A judge who had argued initially for condemnation can subsequently argue for acquittal, but one who had argued for acquittal cannot not later argue for condemnation. Acquittal in capital cases required only a simple majority of one vote, condemnation required a majority of two.
A ‘guilty’ verdict can be reversed to acquittal if errors are revealed, but new evidence to reverse an ‘innocent’ decision to ‘gulity’ is not accepted!
Rabbinic attitudes concerning the death penalty are, as expected diverse: “a Sanhedrin that effects an execution once in seven years is branded ‘a destructive Court’” Rabbi Elizer Ben Azariah said “once in seventy years.” Rabbis Tarfon and Akiba said, “If we were members of a Sanhedrin, nobody would ever be put to death.” ( Makkot 7A). In that same Gemarra, however, Rabbi Simeon Ben Gamaliel dissented: “If we never condemned anyone to death, we might be considered guilty of promoting violence and bloodshed…. [We] could also multiply shedders of blood in Israel”
Still there were exceptional periods in Jewish history that required radical action. According to Rambam: One who murders without clear proof that he is the murderer, i.e. there were not two witnesses, or without warning having been administered by two witnesses, the king has authority to execute him and to perfect the world in accordance with what the hour requires…. The king is empowered to take the measures necessary to inspire fear, and to break the hands of the world’s evil people. ( Mishneh Torah, Laws of Kings 3:1)
To conclude let us quote from Rambam’s own analysis of the terrible nature of murder Rambam (Laws of Murderers 4:9) explains why the Torah was so insistent on the murderer’s punishment despite the numerous obstacles and even safeguards against conviction and execution.
“Although there are sins more severe than murder, none so involve the destruction of human society…. Whoever has committed this crime is classed as a ‘rasha,’ an evildoer, and all the other mitzvoth he performed during his whole life cannot weigh against this sin, neither will they save him from punishment.”
Perhaps that’s why Lord Stevens said what he said – but surely it would apply to all murderes – not just of policemen.