Criminal Law comparison with Biblical Examples
The Biblical passages provided did confirm my beliefs on how the criminal justice system should
operate, specifically with respect to how criminal cases are handled in courtrooms. The rules
need to be flexible and relative to the cases at hand. This is because different cases have different
circumstances and as a result there likelihood of and manifestation of malice varies from case to
case. There should always be more than one witness in any case. Their testimonies need to be
put to the test to check if there is any malice.
The current system is partly fair in the way it deals with some of the criminal issues. With many
criminal cases however it is hardly fair because the testimony that matters is that of the members
of law enforcement and in many such cases it is hard to test the evidence or accusation to find
out if there is any malice. For criminals who cannot afford an attorney, one is often appointed by
the state. The officers prosecuting also owe their allegiance to the state. In theory the case will be
fair but it is necessary that such an attorney be sourced from an independent body from the state
as seen in the case where the girl’s parents come to her defense (Deutronomy 22: 13- 18
).
The country’s criminal justice system can however maintain the provision for multiple witnesses
being called to the stand. This gives the defendant’s defense team a chance to defend their client
and such a scenario makes it possible for the court to establish the credibility of an account being
given by the witnesses. This reduces the chance of a malicious individual having undue influence
over the fate of the accused. The suspect’s liberty to choose their own attorney where possible
means they can have someone who will have their best interests at heart. Biblically it is clear that
those in authority need to be fair to the powerless or those under them (Proverbs 29:14; Nelken,
2010).
