DEUT1393 See [[EXOD827]] Exodus 23:6 rights DORFFWITO 238-41

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DEUT1395 See [[DEUT848]] Deuteronomy 16:20 justice DORFFDRAG 114-5

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DEUT1397 See [[EXOD1073]] Exodus 34:7 visits DORFFWITO 47-8

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DEUT1394 … Judaism set an important example of a criminal justice system that seeks to individualize justice. The Torah announces that [this verse]. In contrast, crimes of attaint under English law, in which family members could be executed for the treachery of other family members, had to be specifically abrogated by the United States Constitution (Article 1, §9). (By Laurie L. Levenson, "Judaism and CriminalJustice"

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DEUT1396 See [[EXOD1041]] Exodus 34:7 punishes SACKS 305-6

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DEUT1398 Relatives of litigants or people on trial shall not serve as witnesses in court. When two people have litigation in court or someone is on trial for an alleged wrong, the case must be decided on the strength of testimony from witnesses. Therefore, it is important that the testimony be clear, unbiased, true and free of any suspicion. For this reason, the Torah disqualifies testimony from relatives, even when the testimony would be incriminating. If the Torah were to allow courts to accept incriminating testimony from relatives, the courts also might wind up accepting favorable testimony from relatives, and such might lead to a perversion of justice and aroused suspicion about the fairness of the courts’ rulings. The perfect Torah keeps the holy nation away from situations that are potentially harmful, so it entirely bans relatives from giving testimony. An additional benefit is that sometimes, because of constant interaction with one another, relatives quarrel. If courts were allowed to accept testimony from relatives, it would invite cases where, because of his anger, a person seeks vengeance on his relative and in a moment of anger decides to give false testimony against him. This precept of the Torah prevents this.

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DEUT1399 It is a negative commandment for a judge not to pervert justice for a proselyte or an orphan for Scripture says, You shall not pervert the judgment of a ger or an orphan [this verse]. If someone transgressed and did deal unjustly with the case of a convert or the case of an orphan, he would violate two prohibitions (one, You shall do no injustice in judgment -- Va-yikra 19:15; and one, this prohibition).

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DEUT1400 See [[DEUT1382]] Deuteronomy 24:15 poor SPERO 52-3

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DEUT1401 No pledge may be seized from a widow, whether she be rich or poor, whether the article is used in the preparation of food or not, since it is written [this verse]: "Nor take the widow's raiment to pledge." Scripture did not intend to restrict the prohibition to clothes alone, but to all the widow's possessions. Even the messenger of the court, outside her house, is forbidden to take anything from her. If he enters her house and seizes a pledge, he has transgressed two negative commandments of the Torah, "You shall not go into his house to take the pledge" and also "Nor take the widow's raiment to pledge."

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DEUT1402 See [[EXOD827]] Exodus 23:6 rights DORFFWITO 238-41

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