Criminal Law comparison with Biblical Examples

Criminal Law comparison with Biblical Examples
Criminal Law comparison with Biblical Examples

Criminal Law comparison with Biblical Examples

Order Instructions:

This is a discussion board assignment for an online class in Criminal Procedure.

Assignment Instructions:

Each of the Scriptures below concern a given criminal procedure topic. All Scriptures are from the New International Version, 1984. After reading the scriptures below answer the questions that follow.

Witnesses
Deuteronomy 19:15 “One witness is not enough to convict a man accused of any crime or offense he may have committed. A matter must be established by the testimony of two or three witnesses.”

Deuteronomy 17:6 “On the testimony of two or three witnesses a man shall be put to death, but no one shall be put to death on the testimony of only one witness.”

Cross Examination

Proverbs 18:17 “The first to present his case seems right, till another comes forward and questions him.”

Deuteronomy 19:16–19 “If a malicious witness takes the stand to accuse a man of a crime, the two men involved in the dispute must stand in the presence of the LORD before the priests and the judges who are in office at the time. The judges must make a thorough investigation, and if the witness proves to be a liar, giving false testimony against his brother, then do to him as he intended to do to his brother. You must purge the evil from among you.”

Physical Evidence

Deuteronomy 22:13–18 “If a man takes a wife and, after lying with her, dislikes her and slanders her and gives her a bad name, saying, “I married this woman, but when I approached her, I did not find proof of her virginity,” then the girl’s father and mother shall bring proof that she was a virgin to the town elders at the gate. The girl’s father will say to the elders, “I gave my daughter in marriage to this man, but he dislikes her. Now he has slandered her and said, ‘I did not find your daughter to be a virgin.’ But here is the proof of my daughter’s virginity.” Then her parents shall display the cloth before the elders of the town, and the elders shall take the man and punish him.”

Exodus 22:12-13 “But if the animal was stolen from the neighbor, he must make restitution to the owner. If it was torn to pieces by a wild animal, he shall bring in the remains as evidence and he will not be required to pay for the torn animal.”

Answer the following questions for your thread:

•Did these Scriptures change or confirm your views about how criminal procedure should operate according to each topic?
•How does our current system deal with each topic?
•How could our current system change (or not) to deal with each topic in a more biblical manner?
•Provide at least 1 reference and 1 different Scripture (other than those given above) in support of your post.

SAMPLE ANSWER

Criminal Law comparison with Biblical Examples

The Biblical passages provided did confirm my beliefs on how the criminal justice system should operate, specifically with respect to how criminal cases are handled in courtrooms. The rules need to be flexible and relative to the cases at hand. This is because different cases have different circumstances and as a result there likelihood of and manifestation of malice varies from case to case.  There should always be more than one witness in any case. Their testimonies need to be put to the test to check if there is any malice.

The current system is partly fair in the way it deals with some of the criminal issues. With many criminal cases however it is hardly fair because the testimony that matters is that of the members of law enforcement and in many such cases it is hard to test the evidence or accusation to find out if there is any malice. For criminals who cannot afford an attorney, one is often appointed by the state. The officers prosecuting also owe their allegiance to the state. In theory the case will be fair but it is necessary that such an attorney be sourced from an independent body from the state as seen in the case where the girl’s parents come to her defense (Deutronomy 22: 13- 18).

The country’s criminal justice system can however maintain the provision for multiple witnesses being called to the stand. This gives the defendant’s defense team a chance to defend their client and such a scenario makes it possible for the court to establish the credibility of an account being given by the witnesses. This reduces the chance of a malicious individual having undue influence over the fate of the accused. The suspect’s liberty to choose their own attorney where possible means they can have someone who will have their best interests at heart. Biblically it is clear that those in authority need to be fair to the powerless or those under them (Proverbs 29:14; Nelken, 2010).

References

Deutronomy 22: 13- 18

Proverbs 29: 14

Nelken, D (2010) Comparative Criminal Justice, Making Sense of the Difference. Vol 1, Sage, 2010  https://u-pad.unimc.it/retrieve/handle/11393/34944/35/291-311_EUC_104684.pdf

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