Capital Punishment Among the Jews a Paper Read Before the New York Board of Je

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Capital Punishment Among the Jews a Paper Read Before the New York Board of Je
David De Sola Pool
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Instead of being burned by the sentence of a court, he would fall into a fire or be bitten by a snake. Instead of being executed by the court, he would fall into the power of the government or of robbers. Instead of suffering the legal punishment of strangulation, he would die from drowning or suffocation. Sanh. 37b.
181 Exod. Xxiii, 7. Rashi.
182 Mishna Sanh. Iv, 1.
183 Sanh. 42b, 43a.
184 Macc. 7a; Mishna Sanh. Vi, 1 seqq. ; Susanna 45; Moed Katan 14b.
Capital Punishment Among the Jews 35 ext
...raordinarily high standard as to what constituted evidence, the equally extraordinary number of loop- holes allowed to the defendant, the limitations on the court, forbidding it to deduce a capital punishment if the Bible did not explicitly call for one, the immediate acquittal by any majority of the judges, the postpone- ment of the final decision if a majority were in favor of death, the obligation on those who had voted against the death penalty of keeping their vote unchanged at the second ballot, together with the permission to change their opinion granted those who had voted in favor of the death penalty, the right of the judges after a condemnation to change their opinion any time before the execution, the constant public appeal for further evidence until the final execution, the prohibition of more than one capital sentence being pronounced iji one day, and other innumerable elements of legal inter- pretation and procedure, all worked to make legal capital punishment impossible of practical application.

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