IX. Homicide

by Steve
(Vancouver, WA)

A. Case Law Precedent. "He who strikes a man so that he dies shall surely be put to death. But if he did not lie in wait for him, but God let him fall into his hand, then I will appoint you a place to which he may flee. If, however, a man acts presumptuously toward his neighbor, so as to kill him craftily, you are to take him even from My altar, that he may die. (Exodus 21:12-14)

B. Statutory Provision

1. A judgment for homicide may only be rendered after diligent inquiry (due process) and the testimony of at least two witnesses. Witnesses may be human or a non-human line of evidence. Human witnesses must be involved in the execution process and the execution must follow as soon as practicable after conviction.

2. Negligent Homicide. The just requirement of the law for cases of negligent or accidental homicide is the death penalty. The City of Refuge provision and the death of the Great High Priest (Jesus Christ) allows for a ransom to be substituted for the death penalty at the discretion of the victim's immediate family and the judge.

3. Premeditated Homicide. The just requirement of the law for cases of willful or premeditated homicide is the death penalty. No ransom, monetary or otherwise, shall be accepted for the life of the murderer.

C. Related Principles & Points of Law. Ex. 21:29,30 allows for a ransom to be paid in lieu of death penalty for accidental manslaughter. Num. 35:31 allows for no ransom in the case of premeditated murder.

Num. 35:30 requires more than one witness. The Bible requires that the witness shall "cast the first stone" or otherwise participate in the execution. The execution shall be public. Eccl. 8:11 requires speedy execution upon conviction to ensure the deterrent value of the judgment.