Under Torah Law.
Circumstantial evidence will not cut it.
Two impeccable witnesses who observed the person
transgressing an act punishable by death,
these two must have warned the person of the capital punishment he could recieve for doing the prohibited act even he knew.
Finally, the person must have commited the transgression immidiately after the warning,
any hesitation and the death penalty is off.
Under Torah Law, capital crimes are tried by a tribunal of 23 judges "Minor Sanhedrin".
After hearing the testimony of the witnesses the judges split up into two groups,
one would form a defence team,
one who are inclined to convict.
The judges would vote.
If all 23 judges form an opinion of guilt,
if the evidence is so compelling,
the crime so heineous no one of the tribunal chooses to argue in the accused favour.
The accused cannot be convicted but must be exonerated by the court.
No man is so utterly evil that there is nothing to be said in his defence.
There is always some explanation or something
not that he is going to be found innocent in the legal sense,
but if not a single member of the court percieves
the "innocent side" of the person accused before them.
This is a court that obviously has very little understanding of who he is and what he has done.
Such a court has disqualified itself from passing judgement on him.
Taken from an article by Yanki Tauber.
Further more he says,
They are lessons for judges,
the rest of us have neither need or cause to pass
judgement on anyone.
Because there is so much we do not know.
