Please see attached.
Bryan Saunders
The scriptures quoted largely confirm my views about how criminal procedure should operate, witnesses, physical evidence, and cross-examination should build in strong safeguards to protect from wrongful convictions. In Deuteronomy it is clear that a single witness in never enough to establish guilt especially in capital cases. Instead, “A matter must be established by the testimony of two or three witnesses” (Deut. 19:15, New International Version, 1984), showing a divine concern that serious punishment needs corroborated and carefully tested proof instead of unverified accusations of one witness. In sharp contrast the modern U.S. system allows for convictions on the testimony of a single credible witness in the jury is persuaded beyond a reasonable doubt. Even though that standard is designed to protect the accused research has shown that eyewitness misidentification remains the leading cause of wrongful convictions. Albright and Garrett (2022) note that eyewitness evidence depends largely on perception and memory and they “are quite fallible” and a large share of DNA exonerations involved mistaken identifications (pp. 512–513). Showing a serious disconnect between the current practices and procedures and the safeguards implied by Scripture.
I do believe that our current system does reflect some biblical values, the right to confront witnesses and cross-examine them is echoed in Proverbs 18:17, where it warns that the first case can seem convincing and reasonable until another party questions it. Exodus 22:12-13 talks about showing proof of torn remains to not be liable for damages and Deuteronomy 22:13-18 talks about proof being shown, all of which show how the bible requires tangible proof be provided. In the current system we have chain-of-custody rules, forensic standards, and the Daubert test for expert evidence which are similar in many ways.
I feel if we want to move in a biblical direction, modern procedures could require more corroboration for serious felonies or any case involving life sentences or capital punishment, impose serious consequences for malicious false testimony, and judge’s need to carefully review forensic evidence and eyewitness testimony to make sure it is valid and relevant especially in criminal cases. These reforms would help better align criminal precedures with God’s concern for truth and protection of the innocent.
