DB Response: Please see attached. | Criminal

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Please see attached. BryanSaundersWK7.docx 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. JohnPurpuraWK7.docx John Purpura These scriptures deepen and confirm a foundational principle of biblical criminal procedure: justice must rest on corroboration, fairness, and truth-seeking. Regarding witnesses, Deuteronomy 17:6 and 19:15 emphasize that no person should be convicted especially in capital cases without “two or three witnesses.” This underscores a commitment to preventing wrongful convictions through corroboration. This principle aligns with modern evidentiary rules that require sufficient, reliable evidence and often discourage convictions based solely on uncorroborated testimony. The biblical insistence on multiple witnesses strengthened my view that criminal procedure must prioritize safeguards against error and bias. On cross-examination, Proverbs 18:17 affirms the adversarial process: a claim that appears convincing may unravel when questioned. Deuteronomy 19:16–19 goes further by prescribing consequences for perjury, demanding “thorough investigation” and punishing malicious witnesses proportionally to the harm they intended. This supports the modern commitment to cross-examination under the Sixth Amendment and perjury statutes. What challenged me was the biblical severity in penalizing false testimony, which is far harsher than typical contemporary sanctions. Regarding physical evidence, passages such as Deuteronomy 22:13–18 and Exodus 22:12–13 show that biblical law valued tangible proof to resolve disputes. While the cultural context differs, the underlying principle objective evidence can clarify contested claims mirrors today’s use of forensic science, documentation, and physical exhibits. How our system deals with these topics: –  Witnesses: Courts allow testimony but do not require multiple witnesses; a single credible witness can be enough. –  Cross-examination: Guaranteed through the Confrontation Clause, though penalties for perjury are relatively mild. –  Physical evidence: Forensic and documentary evidence is central, though not always required. Possible biblical improvements: Our system could adopt stronger corroboration rules, especially in cases with severe penalties, aligning with the “two or three witnesses” principle, not literally, but through requiring additional evidentiary support. We could also strengthen consequences for intentional perjury to reflect the seriousness biblical law assigns to false testimony. Finally, a more explicitly truth-centered judicial ethic rooted in investigation rather than adversarial victory would better reflect the thoroughness commanded in Deuteronomy. DiscussionThreadWK7.docx Discussion Thread: Criminal Procedure and Scripture Each of the scriptures below concern a given criminal procedure topic. All scriptures are from the New International Version, 1984. Begin this assignment by meditating on the given scriptures. You may even want to pray about them. Psalm 119:18 recommends this prayer: “Open my eyes that I may see wonderful things in your law.” Once you have done that, answer the questions below. Witnesses · Deuteronomy 19:15 "One witness is not enough to convict a man accused of any crime or offense he may have committed. A matter must be established by the testimony of two or three witnesses." · Deuteronomy 17:6 "On the testimony of two or three witnesses a man shall be put to death, but no one shall be put to death on the testimony of only one witness." Cross Examination · Proverbs 18:17 "The first to present his case seems right, till another comes forward and questions him." · Deuteronomy 19:16–19 "If a malicious witness takes the stand to accuse a man of a crime, the two men involved in the dispute must stand in the presence of the LORD before the priests and the judges who are in office at the time. The judges must make a thorough investigation, and if the witness proves to be a liar, giving false testimony against his brother, then do to him as he intended to do to his brother. You must purge the evil from among you." Physical Evidence · Deuteronomy 22:13–18 "If a man takes a wife and, after lying with her, dislikes her and slanders her and gives her a bad name, saying, “I married this woman, but when I approached her, I did not find proof of her virginity,” then the girl’s father and mother shall bring proof that she was a virgin to the town elders at the gate. The girl’s father will say to the elders, "I gave my daughter in marriage to this man, but he dislikes her. Now he has slandered her and said, ‘I did not find your daughter to be a virgin.’ But here is the proof of my daughter’s virginity." Then her parents shall display the cloth before the elders of the town, and the elders shall take the man and punish him." · Exodus 22:12-13 "But if the animal was stolen from the neighbor, he must make restitution to the owner. If it was torn to pieces by a wild animal, he shall bring in the remains as evidence and he will not be required to pay for the torn animal." Answer the following questions for your thread: · Did these scriptures change or confirm your views about how criminal procedure should operate according to each topic? · How does our current system deal with each topic? · How could our current system change (or not) to deal with each topic in a more biblical manner?