“He Was Brought to Prove That He Himself Was the Very Murderer”

Bryan Richards
"Cases of unwitnessed murders presented special problems under the law of Moses. While the two-witness rule would seem to stand insurmountably in the way of ever obtaining a conviction in such cases, such slayings could not simply be ignored…
"Seantum’s self-incriminating admission would normally not be admissible in a Jewish court of law. Under the Talmud, no man could be put to death on his own testimony: ’No man may call himself a wrongdoer,’ especially in a capital case. But from earlier times came four episodes that gave rise to an exception to this rule against self-incriminating confessions under certain circumstances. Those precedents, each of which involved convictions or punishments based on confessions, were the executions of (1) Aachan (see Joshua 7), of (2) the man who admitted that he had killed Saul (see 2 Samuel 1:10-16), and of (3) the two assassins of Ishbosheth, the son of Saul (see 2 Samuel 4:8-12), as well as (4) the voluntary confession of Micah, the son who stole from his mother (see Judges 17:1-4).
"The ancients reconciled these four cases with their rigid two-witness rule by explaining that they involved confessions before trial or were proceedings before kings or rulers instead of judges. An exception was especially granted when the confession was ’corroborated by an ordeal as well as by the production of the corpus delicti,’ as in the case of Aachan, who was detected by the casting of lots and whose confession was corroborated by the finding of the illegal goods under his tent floor.
“Thus, one can with reasonable confidence conclude that in the biblical period the normal two-witness rule could be overridden in the special case of a self-incriminating confession, if the confession occurred outside of court, or if God’s will was evidenced in the matter by ordeal, lots, or otherwise in the detection of the offender, and if corroborating physical evidence of the crime could be produced.” (John W. Welch, Reexploring The Book of Mormon, p. 243-4)

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