DEUT843 See [[EXOD289]] Exodus 18:13 magistrate OXFORD 481

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DEUT846 In addition to recognizing that the quality of justice depends on the qualities of those dispensing it, Judaism also offers the insight that justice does not exist in the abstract but is directly dependent upon the quality of evidence presented and the procedures used to present it. The Torah established that at least two witnesses were required for any conviction. (Numbers 35:30; Deuteronomy 17:6; 19:15). Because their word would prescribe the minimum burden of proof, the Rabbis established intricate laws to ensure the greatest possible reliability of those witnesses. Witnesses could not use hearsay; they had to be competent; they could not be informants; they were subject to vigorous cross-examination; the testimony could not be contradicted if it was to be the basis of judgment; affirmative efforts had to be made to solicit witnesses for the defense; and confessions in criminal cases were inadmissible. (For a summary of these rules, see M.T. Laws of Evidence generally, but especially chaps. 1-5, 17, and 22). Each of these rules reflects an important judgment about the type of procedure most likely to lead to a just verdict. The Torah itself sets forth layers of protection to guard against the corruption of witnesses and the courts (for example, Deuteronomy 16:18–20; 19:16-20). The Rabbis added even more (for a summary of such added layers of protection against a corrupt court, see M.T. Sanhedrin [Laws of Courts], chaps. 20, 21, and 24). Even in modern times, there are constant debate as to what kind of tribunals should be used for criminal cases. The recent debate over how international tribunals should operate, or whether military tribunals should be used to try alleged terrorists, raises the same fundamental questions. Judaism not only offers examples of procedures still used today, but more fundamentally it teaches that a verdict is only as legitimate as the procedures that are used. (By Laurie L. Levenson, "Judaism and CriminalJustice"

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DEUT853 More than a slogan, "Justice, justice you shall pursue" [this verse] is the overall guiding principle for Jewish ethics. On an individual level we are charged to go beyond simply being just; we must also be compassionate, going lifnim meshurat hadin, beyond the strict "letter of the law." An example is given in the Talmud of workers who broke a barrel of wine. Even though by halakhah the workers could have had their wages docked, they complained: "We are poor, and if you withhold our wages, we cannot eat." When the business owner consulted his rabbi, he was told, "Go and pay them [their full wages]. The owner asked, "Is that the law?" "It is indeed," the rabbi continued "[for we are enjoined to] Keep the path of the righteous." (B. Bava Batra 83a. The biblical verse is cited in Proverbs 2:20). The Jewish tradition thus envisions a world where in business as in all other areas of life, we act lifnim meshurat hadin, beyond the strict letter of the law, to create a world of peace, harmony, and compassion. (By Barry J. Leff, "Jewish Business Ethics")

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DEUT854 Perhaps the greatest contribution of Judaism to the study of criminal justice is the recognition that the pursuit of justice is difficult and ongoing. There are many explanations of the famous verse in the Torah, "Justice, justice shall you pursue." [this verse]. Why, the Rabbis ask, is the word "justice" repeated in that verse? One might say that the biblical admonition is an attempt to obtain justice both for the individual victim and for society. Others argue that the repetition emphasizes the difficulty in obtaining justice at all. Still others contend that many types of justice might apply in an individual case. In reality it might not be possible to articulate one clear standard of justice applicable to every case. What is important is its pursuit. Judaism's extensive laws reflect a dedication to a criminal justice system that serves the needs of the community while being fair to an offender. "Free choice" forms the fundamental basis for any criminal justice system--the free choice of the defendant to violate the laws and the free choice of society to seek vindication through fair treatment of the defendant. Both must be judged for their exercise for free choice by wisely chosen courts using fair procedures.(By Laurie L. Levenson, "Judaism and CriminalJustice"

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DEUT866 See [[NUM431]] Numbers 35:34 defile OXFORD 476

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DEUT871 See [[EXOD332]] Exodus 19:6 nation OXFORD 38-9

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DEUT877 See [[DEUT6]] Deuteronomy 1:13 pick OXFORD 485

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DEUT890 See [[LEX1062]] Leviticus 25:36 interest OXFORD 46

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DEUT893 See [[NUM431]] Numbers 35:34 defile OXFORD 476

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DEUT940 See [[DEUT135]] Deuteronomy 4:37 loved OXFORD 40

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