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Witnesses, Cross Examination, Physical Evidence
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The scriptures confirmed my views about how criminal procedure should operate according to each topic. Deuteronomy is clear about needing more than one witness, which aligns with common sense. To prevent a “he said, she said” type of argument in court, it is necessary that there be other supporting witnesses. However, as Loftus (1980) has shown, even eyewitness testimony can be unreliable for a number of psychological reasons; and witnesses can also engage in conspiracy, so relying solely on witness testimony should not be considered full-proof. Of course, Deuteronomy 19:21 also offers a way for courts to deal with false witnesses: “Your eye shall not pity: life shall be for life, eye for eye, tooth for tooth, hand for hand, foot for foot.” Cross examination must occur so that judges can get to the truth of the matter and discern whether witnesses are being honest or are using deceit to try to fool the court; and, in cases where a wrong has been committed, restitution must be made, as Scripture holds—and the eye for an eye, tooth for a tooth doctrine is indicated according to the Old Testament. However, the New Testament offers a...
If anyone slaps you on the right cheek, turn to them the other cheek also. And if anyone wants to sue you and take your shirt, hand over your coat as well.” This suggests that Christians should avoid the courts altogether by always demonstrating charity.
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Our current system has many rules about witnesses, cross examination and physical evidence. Due process in the 6th Amendment of the U.S. Constitution states that people have a right to confront their witnesses/accusers. However, the right to access physical evidence is not always upheld in every state, as in some cases there is no right to access DNA evidence (Liptak, 2009), which goes against both Scripture and the Constitution. As for cross examination, having access to physical evidence like DNA would be of assistance in cross examination as it would be part of what the judges are advised to do in Deuteronomy 19:19-20 when they are told “make a thorough investigation.” Our court system is somewhat still biased in terms of not allowing all the rights of the…
References
Liptak, A. (2009). Justices reject inmate right to DNA tests. Retrieved from https://www.nytimes.com/2009/06/19/us/19scotus.html
Loftus, E. F. (1980). Impact of expert psychological testimony on the unreliability of eyewitness identification. Journal of Applied Psychology, 65(1), 9.
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