RSR: Eyewitnesses Not Needed for Execution
Update: "Over at creation.com beneath a great article by Dr. Sarfati, CMI has posted Bob Enyart's argument that to impose capital punishment, the Bible does not require three eyewitnesses, but only three witnesses (which can include physical and circustantial evidence). See there and below for details. Thank you CMI for your mighty work!" -RSR
* Shocking Eels and Atheist Heels: While paging through the ever-fabulous Creation magazine, Bob Enyart and Fred Williams discuss the unsolvable dilemma Darwinism has in trying to evolve electric eels. And then the guys turn to the article, What about bad things done by the Church? Jonathan Sarfati hits back at atheists, hard, with solid rebuttals to their attempt to portray Christianity as bad for the human race. Caution though. If you're a big-time Sarfati fan, like we are, watch out, because the guys think they've found two errors that Jonathan made, regarding criminal justice, in an otherwise tremendous article.
* Eyewitnesses Not Necessary for Conviction & Execution: Some Christians have been taught that the Bible requires two or three eyewitnesses who testify that they saw a murder being committed in order for a convicted criminal to be executed justly. The Bible does not teach this however. God even describes a capitol case where there were not two or three eyewitnesses, yet He commanded the death penalty upon the conviction of the criminal (Deut. 22:25-27). The confusion comes in because the term "witness" is confused for "eyewitness". Our western mindset causes us to read text hyper-literally, as though we were lawyers, whereas the eastern mindset of Scripture expects more of the reader. The Bible emphasizes the need for multiple "witnesses", so while the criminal court is making careful inquiry (Deut. 19:18) into the specifics of the crime, the crime scene, motive, circumstances, the fingerprint of the accused in the victim's blood, etc., the court is to decide what evidence rises to the weight of a "witness" to the crime. Testimony does not only come from eyewitnesses (which is part of what the "Ark of the Testimony" was all about, with the physical evidence within it including a quart of manna and Aaron's walking stick that blossomed.)
* Multiple Witnesses Required for Any Criminal Proceeding: The requirement for "two or three witnesses" is not just for executing criminals, as it is often presented, but the Biblical standard of multiple "witnesses" applies to any court's hearing of any charge against the accussed, and certainly therefore, it is a requirement for rendering a guilty verdict for any kind of a crime, capital or otherwise. "One witness shall not rise against a man concerning any iniquity or any sin that he commits; by the mouth of two or three witnesses the matter [any conviction] shall be established" (Deuteronomy 19:15). So this requirement of multiple witnesses, whether physical evidence, circumstantial evidence, or eyewitnesses, applies across the board, even regarding the hearing of an accusation against an elder in the church (1 Timothy 5:19). Of course, otherwise, someone with a vendetta could cause great harm by simply making an unfounded accusation. Whereas criminals, and especially murderers, typically do not commit their crimes before eyewitnesses.
* Biblical Command for a One Eyewitness Execution: Oftentimes, eyewitnesses have been unreliable whereas forensic evidence has provided far greater certainty. (See rsr.org/forensics for a reconsideration of the creationist argument regarding "historical" and "obsevational" science.) In the illustration provided in Deuteronomy, while physical evidence could testify as additional witnesses, the only eyewitness available was the victim, and yet God specifically commands the death penalty for the culprit upon conviction:
"But if a man finds a betrothed young woman in the countryside, and the man forces her and lies with her [rape], then only the man who lay with her shall die [execution]. But you shall do nothing to the young woman; there is in the young woman no sin deserving of death [presumption of innocence], for just as when a man rises against his neighbor and kills him, even so is this matter. For he found her in the countryside, and the betrothed young woman cried out, but there was no one to save her." Deut. 22:25-27
In ancient cities, economics and security concerns led to extremely close quarters. A woman attacked in the city would be expected to cry out for help. For the sin of fornication committed by an unmarried couple, the strong recommendation in the Bible was that they get married. However, if it were learned that a married woman had been with another man, to escape prosecution there was the possibility that she might claim to have been raped. This suggests that if she were being assaulted, her neighbors may hear her cry out. (The Bible rejects the victim mentality promoted by our culture and even in such a horrific instance teaches women to resist an aggressor). One way that this crime scenario could have unfolded is that the accused may claim, "I have never seen this woman in my life." And he may deny ever having been out in the field where she was assaulted. But the judges inspecting the crime scene may notice a torn strand of fabric that matches a tear in his garment. And the woman may describe a scratch that she put on his shoulder. That fabric becomes a witness. The scratch is a witness. And the woman is an eyewitness. Thus, by the testimony of two or three witnesses the matter is established and the accused is convicted and executed.








