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Court and Judicial Process

 

The role of the court is to carry out the Word of G-d. When the court is corrupt and does not follow the Constitution of Israel--the Torah of G-d--then the court must be Judged. Israel does not rule by its Constitution, for people say the Laws are too harsh, and so they judge however they want. For this, Israel has suffered beyond words and has been continuously afflicted by criminals. Israel has repeatedly faced destruction and its only consolation has been the grave. Is it for the cause of our enemies that we should be compassionate? Should not the criminal receive his Judgement and the righteous be rewarded with life? If Israel is to live, then it must live according to these Laws. For if Justice will prevail, then Israel will never again fail...

The appointment of judges: Moses would judge all the people on his own. So..."The father-in-law of Moses said to him, 'The thing that you do is not good. You will surely become worn out--you as well as this people that is with you--for this matter is too hard for you, you will not be able to do it alone. Now heed my voice, I shall advice you, and may G-d Be with you. You be a representative to G-d, and you convey the matters to G-d. You shall caution them regarding the Decrees and the Teachings, and you shall make known to them the path in which they should go and the deeds that they should do. And you shall discern from among the entire people, men of accomplishment, G-d-fearing people, men of Truth, people who despise corruption, and you shall appoint them leaders of thousands, leaders of hundreds, leaders of fifties, and leaders of tens. They shall judge the people at all times, and they shall bring every major matter to you, and every minor matter they shall judge, and it will be eased for you, and they shall bear with you. If you do this thing--and G-d shall Command you--then you will be able to endure, and this entire people, as well, shall arrive at its destination in peace.'" (Exodus 18:17-23).

"...I said to you at that time, saying, 'I cannot carry you alone. Hashem, your G-d, Has Multiplied you and behold! you are like the stars of heaven in abundance. May Hashem, the G-d of your forefathers, Add to you a thousand times yourselves, and Bless you as He Has Spoken of you. How can I alone carry your contentiousness, your burdens, and your quarrels? Provide for yourselves distinguished men, who are wise, understanding, and well known to your tribes, and I shall appoint them as your heads.' You answered me and said, 'The thing that you have proposed to do is good.' So I took the heads of your tribes, distinguished men, who were wise and well known, and I appointed them as heads over you, leaders of thousands, leaders of hundreds, leaders of fifties, and leaders of tens, and officers for your tribes. I instructed your judges at that time, saying, 'Listen among your brethren and judge righteously between a man and his brother or his litigant. You shall not show favoritism in judgement, small and great alike shall you hear; you shall not tremble before any man, for the Judgement is G-d's; any matter that is too difficult for you, you shall bring to me and I shall hear it.' I commanded you at that time all the things that you should do..." (Deuteronomy 1:9-18).

Establishment of Just courts: "Judges and officers shall you appoint in all your cities--which Hashem, your G-d, Gives you--for your tribes; and they shall judge the people with Righteous Judgement. You shall not pervert judgement, you shall not respect someone's presence, and you shall not accept a bribe, for the bribe will blind the eyes of the wise and make just words crooked. Righteousness, righteousness shall you pursue, so that you will live and possess the Land that Hashem, your G-d, Gives you." (Deuteronomy 16:18-20).

Integrity of judicial process: "Do not accept a false report, do not extend your hand with the wicked to be a venal witness. Do not be a follower of the majority for evil; and do not respond to a grievance by yielding to the majority to pervert [the Law]. Do not glorify a destitute person in his grievance." (Exodus 23:1-3). The sentiment of the people or the will of the public will not decide the verdict of Justice. The Law is not a matter of opinion that can be voted upon--it comes from G-d, the Judge of Israel. A person is guilty only when proven guilty by the Law, and his verdict will be of the Word of G-d.

Fair dispensation of Justice: "If you encounter an ox of your enemy or his donkey wandering, you shall return it to him repeatedly. If you see the donkey of someone you hate crouching under its burden, would you refrain from helping him?--you shall help repeatedly with him." (Exodus 23:4-5). "You shall not commit a perversion of justice; you shall not favor the poor and you shall not honor the great; with righteousness shall you judge your fellow." (Leviticus 19:15).

Don't pervert judgement for any reason: "Do not pervert the judgement of your destitute person in his grievance. Distance yourself from a false word; do not execute the innocent or the righteous, for I shall not exonerate the wicked. Do not accept a bribe, for the bribe will blind those who see and corrupt words that are just. Do not oppress a stranger; you know the feelings of a stranger, for you were strangers in the land of egypt." (Exodus 23:6-9). "'Accursed is one who takes a bribe to kill a person of innocent blood.' And the entire people shall say, 'Amen.'" (Deuteronomy 27:25). Any judge or officer who would take a bribe and execute a false judgement, will be guilty of his crime, and suffer severely; according to what he did will be his punishment. Even if he is caught before the innocent person suffers; he will receive the sentence he had executed, upon himself. And should any corrupt judge, officer, or leader be allowed to live, he will never again serve in a position of power. No man is above the Law, and no person may put himself before G-d. Only the Rule of G-d Will Prevail in Israel.

Equality under the Law: "There shall be One Law for you, it shall be for proselyte and native alike, for I, Hashem, Am your Judge." (Leviticus 24:22). "You shall cut away the barrier of your heart and no longer stiffen your neck. For Hashem, your Judge--He Is the Judge of the judges and the Lord of the lords, the Great, Mighty, and Awesome Judge, Who does not show favor and Who does not accept a bribe. He Carries out the Judgement of orphan and widow, and Loves the proselyte to Give him bread and garment. You shall love the proselyte for you were strangers in the land of egypt." (Deuteronomy 10:16-19).

By two or more witnesses: "...These shall be for you a Decree of Justice for your generations, in all your dwelling places. Whoever smites a person, according to the testimony of witnesses shall one kill the murderer, but a single witness shall not testify against a person regarding death." (Numbers 35:29-30). "...By the testimony of two witnesses or three witnesses shall the condemned person be put to death; he shall not be put to death by the testimony of a single witness. The hand of the witnesses shall be upon him first to put him to death, and the hand of the entire people afterward, and you shall destroy the evil from your midst." (Deuteronomy 17:6-7).

"A single witness shall not stand up against any man for any iniquity or for any error, regarding any sin that he may commit; according to two witnesses or according to three witnesses shall a matter be confirmed. If a false witness stands against a man to speak up spuriously against him, then the two men who have the grievance shall stand before Hashem, before the Kohanim and the judges who will be in those days. The judges shall inquire thoroughly, and behold! the testimony was false testimony; he testified falsely against his fellow. You shall do to him as he conspired to do to his fellow, and you shall destroy the evil from your midst. And those who remain shall hearken and fear; and they shall not continue again to do such an evil thing in your midst. Your eye shall not pity; life for life, eye for eye, tooth for tooth, hand for hand, foot for foot." (Deuteronomy 19:15-21).

Follow Judgement: "If a matter is hidden from you, between blood and blood, between verdict and verdict, between plague and plague, matters of dispute in your cities--you shall rise up and ascend to the place that Hashem, your Judge, shall Choose. You shall come to the Kohanim, the Levites, and to the judge who will be in those days; you shall inquire and they will tell you the word of judgement. You shall do according to the word that they will tell you, from that place that Hashem will Choose, and you shall be careful to do according to everything that they will teach you. According to the teaching that they will teach you and according to the judgement that they will say to you, shall you do; you shall not deviate from the word that they will tell you, right or left. And the man that will act with willfulness, not listening to the Kohen who stands there to serve Hashem, your Judge, or to the judge, that man shall die, and you shall destroy the evil from among Israel. The entire nation shall listen and fear, and they will not act willfully any more." (Deuteronomy 17:8-13).

If a judge is uncertain over a matter, or if his judgement is disputed, then the matter will be brought before the Supreme Court, as is done even today. It won't be brought to the Temple itself; but the place G-d Chose is in Jerusalem, which is the seat of government and the place of Judgement; anyone who would rebel against the Word of G-d and the government of Israel, will be killed for his rebellion. Yet if a judge would rebel against the Word of G-d to pervert His Laws, then the judge is the one at fault. The judges of Israel will pass judgement according to the Law; that Is their Restriction. They cannot inaugurate new laws, nor would their interpretation change the Torah. There is something in Judaism called the talmud, and a whole library of books that has been built above the Torah--because people refuse to accept the Law and rely instead on interpretation and interpretations of interpretation--perverting the Torah. You cannot add a law or remove a Law, nor veer to the right or to the left of the Law--it must be observed as it is, and read as it was written. Only within reason can a judge extend a Law to similar cases, which are not specified directly. But overall, the Torah contains an entire Character, that is of the Judge of Israel. When read fully, people understand the Will of G-d and are brought closer to His Spirit. Thus, if your heart is whole with G-d and you see the fullness of His Torah, then you are Endowed with His Spirit and see the world through His "Eyes," that the Word of G-d should be upon your tongue, and you are fit to judge.

Individual responsibility: "Fathers shall not be put to death because of sons, and sons shall not be put to death because of fathers; a man should be put to death for his own sin." (Deuteronomy 24:16).

Don't spare a murderer: "You shall not accept ransom for the life of a killer who is worthy of death, for he shall surely be put to death... You shall not bring guilt upon the Land in which you are, for the blood will bring guilt upon the Land; the Land will not have atonement for the blood that was spilled in it, except through the blood of the one who spilled it. You shall not contaminate the Land in which you dwell, in whose midst I Dwell, for I Am Hashem Who Dwells among the children of Israel." (Numbers 35:31,33-34). "...The avenger of the blood, he shall put the murderer to death; when he encounters him, he shall put him to death. If he [the assailant] pushed him [the victim] out of hatred or hurled upon him from ambush, and he died; or in enmity struck him with his hand and he died, the assailant shall surely be put to death, he is a murderer; the avenger of the blood shall put the murderer to death when he encounters him." (Numbers 35:19-21).

The avenger of the blood is either a relative of the victim, a witness of the crime, or an officer of the government. In most cases it will be the responsibility of the police to apprehend the murderer for trial, and when he is found guilty, the avenger of the blood who kills him would usually be a family member along with the witnesses, that Justice will be served and the blood will be atoned for. The witnesses who testify against the convicted man must be present to carry out the word of their mouth, and to see that Justice is served, after having witnessed an outrage in Israel. Once a man is convicted he should be killed immediately; there should be no hesitation in the execution of Judgement--for a delay is a sign of corruption.

If there are not two witnesses who can testify, then the case must be proven by evidence. There should be a thorough investigation, as is done even today, and the evidence should be brought before the judge. There will no longer be jurors, for the trial is not a matter of opinion. There might be more than one judge, but each of them will follow the Word of G-d. The only dispute would be to prove guilt, for the verdict has already been Decided. Lawyers are not permitted to plea for pity or for ruthlessness--for both are unjust. The role of a lawyer, if present, would be to know the Laws of G-d, and aid in the execution of fair judgement--by bringing all the evidence before the judge, so that there should be no doubt in the verdict. Evidence is key to proving guilt or innocence, and the Law contains the verdict. A person should not be sentenced unless the evidence allows him to be judged with certainty. Yet if a person is found innocent, for lack of evidence, and is later proven guilty, there is no such thing as immunity.

Cities of refuge: "Hashem Spoke to Moses, Saying: Speak to the children of Israel and say to them: When you cross the Jordan to the Land of Canaan, you shall designate cities for yourselves, cities of refuge shall they be for you, and a killer shall flee there--one who takes a life unintentionally. The cities shall be for you a refuge from the avenger, so that the killer will not die until he stands before the assembly for judgement. As to these cities that you shall designate, there shall be six cities of refuge for you. Three cities shall you designate on the other side of the Jordan, and three cities shall you designate in the Land of Canaan; they shall be cities of refuge. For the children of Israel and the proselyte and resident among them shall these six cities be a refuge, for anyone who kills a person unintentionally to flee there." (Numbers 35:9-15).

"...Then Moses set aside three cities on the bank of the Jordan, toward the rising sun, for a killer to flee there, who will have killed his fellow without knowledge, but who was not an enemy of his from yesterday and before yesterday--then he shall flee to one of these cities and live: Bezer in the wilderness, in the land of the plain, of the Reubenite; Ramoth in the Gilead, of the Gadite; and Golan in the Bashan, of the Manassite." (Deuteronomy 4:41-43). "When Hashem Will Broaden your boundary, as He Swore to your forefathers, and He Will Give you the entire Land that He Spoke to your forefathers to Give, when you observe this entire Commandment to perform it--which I command you today--to love Hashem, your Judge, and to walk in His Ways all the years, then you shall add three more cities to these three. Innocent blood shall not be shed in the midst of your Land that Hashem, your G-d, Gives you as an inheritance, for then blood would be upon you." (Deuteronomy 19:8-10).

"When Hashem, your G-d, Will Cut Down the nations whose Land Hashem, your G-d, Gives you, and you will possess them, and you will settle in their cities and in their houses, you shall separate three cities for yourselves in the midst of your Land, which Hashem, your G-d, Gives you to possess it. Prepare the way for yourself, and divide into three parts the boundary of your Land that Hashem, your G-d, Causes you to inherit; and it shall be for any killer to flee there. This is the matter of the killer who shall flee there and live: One who will strike his fellow without knowledge, and he did not hate him from yesterday or before yesterday; or who will come with his fellow into the forest to hew trees, and his hand swings the ax to cut the tree, and the iron slips from the wood and finds his fellow and he dies, he shall flee to one of these cities and live, lest the redeemer of the blood will chase after the killer, for his heart will be hot, and he will overtake him for the way was long, and he shall strike him mortally--and there is no judgement of death upon him, for he did not hate him from yesterday and before yesterday. Therefore I command you, saying: You shall separate three cities for yourselves." (Deuteronomy 19:1-7).

Unintentional killing and refuge: "...But if with suddenness, without enmity, did he push him, or he hurled any implement upon him without ambush; or with any stone through which one could die, without having seen, and caused it to fall upon him and he died--but he was not his enemy and did not seek his harm--then the assembly shall judge between the assailant and the avenger of the blood, according to these Laws. The assembly shall rescue the killer from the hand of the avenger of the blood, and the assembly shall return him to his city of refuge where he had fled; he shall dwell in it until the death of the Kohen Gadol, whom one had anointed with the sacred oil. But if the killer will ever leave the border of his city of refuge to which he had fled, and the avenger of the blood will kill the killer--he has no blood-guilt. For he must dwell in his city of refuge until the death of the Kohen Gadol, and after the death of the Kohen Gadol the killer shall return to the Land of his possession." (Numbers 35:22-23). "You shall not accept ransom for one who fled to his city of refuge to return to dwell in the Land, before the death of the Kohen." (Numbers 35:32).

Even when killing unintentionally, the person has still spilt innocent blood and cannot continue to live as if nothing happened. If the victim is responsible for the accident, then the killer will be completely absolved, but if the killer is responsible as a result of carelessness or negligence, then he must live in his city of refuge for the term of his crime. This is a matter that will be decided by judges, according to the extent of guilt, for reasons of negligence; and the city of refuge will be like his prison, although he's free to lead a normal life within its boundaries. Yet if his guilt is minimal, the judge might decide to allow him "parole time," to visit his family or friends outside of his city of refuge, as long as he keeps out of site of those he had afflicted, and this permission is brought to their knowledge. And since the death of the Kohen Gadol is not a fixed date, and people should not wait for his death, the judge might decide to sentence him by the number of years instead. But if he violates the sentence and leaves his city of refuge to dwell wherever he pleases, and the avenger of the blood kills him--there will be no blood guilt.

Murder and refuge: "But if there will be a man who hates his fellow, and ambushes him and rises up against him, and strikes him mortally and he dies, and he flees to one of these cities--then the elders of his city shall send and take him from there and place him in the hand of the redeemer of the blood, and he shall die. Your eye shall not pity him; you shall remove the innocent blood from Israel; and it shall be good for you." (Deuteronomy 19:11-13).

Unsolved murder: "If a corpse will be found on the Land that Hashem, your G-d, Gives you to posses it, fallen in the field, it was not known who smote him, your elders and judges shall go out and measure toward the cities that are around the corpse. It shall be that the city nearest the corpse, the elders of that city shall take a heifer, with which no work was done, which has not pulled with a yoke. The elders of that city shall bring the heifer down to a harsh valley, which cannot be worked and cannot be sown, and they shall ax the back of its neck in the valley. The Kohanim, the offspring of Levi, shall approach, for them Has Hashem, your Judge, Chosen to minister to Him and to bless with the Name of Hashem, and according to their word shall be every grievance and every plague.

"All the elders of that city, who are closest to the corpse, shall wash their hands over the heifer that was axed in the valley. They shall speak up and say, 'Our hands have not spilled this blood, and our eyes did not see. Atone for Your people Israel that You Have Redeemed, O Hashem: Do not place innocent blood in the midst of Your people Israel!' Then the blood shall be Atoned for them. But you shall remove the innocent blood from your midst when you do what is Upright in the Eyes of Hashem." (Deuteronomy 21:1-9). The elders are responsible for any injustice that was not brought to Justice, for they are the judges and the officials of the government. And the Kohanim are responsible to atone for the contamination of the Land and serve Hashem wholeheartedly, that He should not bring curse upon the Land. Only when Israel lives in Uprightness, never tolerating an injustice, can the Land become clean of iniquity.

Hanging and burial: "If a man will have committed a sin whose judgement is death, and he was put to death, and you hung him on a tree. His body shall not remain on the tree, for you shall surely bury him on that day, because a hanging person is a curse of G-d, and you shall not contaminate your Land, which Hashem, your G-d, Gives you as an inheritance." (Deuteronomy 21:22-23).

Lashes: "When there will be a grievance between people, and they approach the court, and they are judged, and they vindicate the righteous one and find the wicked one guilty; it will be that if the wicked one is liable to lashes, the judge shall cast him down and strike him, before him, according to his wickedness, by a count. If forty shall he strike him, he shall not add; lest he strike him an additional blow beyond these, and your brother will be degraded in your eyes. You shall not muzzle an ox in its threshing." (Deuteronomy 25:1-4). According to the Judgement, and according to the crime, shall a person be judged--lest a man be degraded and punished unjustly. For to add to his burden is like muzzling an ox in its threshing; shaming him in his pain.

Hidden and revealed sin: "The hidden matters are for Hashem, our Judge, but the revealed matters are for us and our children forever, to carry out all the Words of this Torah." (Deuteronomy 29:28). "'Accursed is one who will not uphold the Words of this Torah, to perform them.' And the entire people shall say, 'Amen.'" (Deuteronomy 27:26).

 

 

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