Committee on Jewish Law and Standards Ca
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Jewish legal authorities effectively abolished capital punishment centuries ago through a remarkable system of judicial restrictions, despite its prominent role in biblical law. Through analysis of biblical and Talmudic sources, a clear pattern emerges of rabbinic scholars systematically limiting the death penalty's application while maintaining its theoretical existence. Their ingenious legal framework required two direct eyewitnesses, excluded circumstantial evidence and confessions, and mandated explicit warning to perpetrators with acknowledged understanding of consequences. The Mishnah went further, declaring courts that executed more than one person in seven years to be "murderous," with some rabbis extending this interval to seventy years or advocating complete abolition. While modern proponents cite deterrence as justification for capital punishment, empirical evidence fails to support its effectiveness. The ancient rabbis' approach proves particularly relevant today, as it addresses enduring concerns about human fallibility in judicial proceedings and the irreversible nature of execution. Their systematic dismantling of capital punishment, while preserving respect for biblical law, demonstrates how legal systems can evolve toward more humane justice without abandoning their foundational principles.

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Published 1961
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Ben Bokser