555. Not to give death sentence based upon circumstantial evidence.

Status: Active

"Keep thee far from a false matter; and the innocent and righteous slay thou not: for I will not justify the wicked." ~ Exodus 23:7

This commandment forbids the court to pass judgment in a case where guilt has not been proven.  A person may not be convicted or punished unless definitive proof is presented before the court.

This law is in harmony with the principle of 'innocent until proven guilty'.  The twelfth-century legal theorist Maimonides coined the phrase "it is better and more satisfactory to acquit a thousand guilty persons that to put a single innocent one to death." [1]  This principle was also found earlier in the scriptures when Abraham pleaded with the Lord not to destroy Sodom if he could find fewer and fewer righteous people.

Those who claim to worship the Lord are bound to uphold this commandment as it has not been rescinded.  There is no scripture in the New Testament or modern scriptures that makes this law inactive.  When believers have an opportunity to vote for law, lawmakers, or judges, they must not choose people who will violate this principle.  Governments and people who support infringement of this law are in danger of judgment.

Thoughts to consider:

• Detaining prisoners for long periods with out a sentence constitutes a hardship or punishment and violates this commandment.  The sixth amendment of the U.S. Constitution is thus a scriptural principle.
• Use of torture to extract confessions infringes upon this law.
• Trial by media.
• Extraordinary Rendition as practiced by the United States of America violates this principle.

[1] Moses Maimonides, The Commandments, Neg. Comm. 290, at 269-271 (Charles B. Chavel trans., 1967).