Why The Trial Of Jesus Was Illegal

The Sanhedrin

“Sanhedrin” is from a Greek term that literally means “sitting together.”

A local sanhedrin was composed of up to 23 members.

The Greater Sanhedrin in Jerusalem was composed of 70 chief priests, elders, and scribes, with the high priest making a total of 71.

In Jesus’ day the Great Sanhedrin had degenerated largely into appointments based on political favoritism and influence.

Rabbinical Requirements for a Trial

Based on general requirements of fairness and impartiality prescribed in Deuteronomy 16: 18-20.

These requirements guaranteed an accused criminal the following rights:

·         Right to a public trial

·         Right to defense counsel

·         Conviction only on the testimony of two reliable witnesses.

Trials were always open to public scrutiny.

False Witnessing

To guard against false witnessing, the Mosaic law prescribed that if a person knowingly gave false testimony, they would suffer the same fate as the accused.

An additional deterrent was that the accusing witnesses in a capital case were to initiate the execution, making them stand behind their testimony in words and action.

The law required that the sentence could not be carried out until the third day after it was rendered and that members of the Sanhedrin had to fast during that period. That provision prevented a trial from being held during a feast when fasting was prohibited.

The Day of Trial

On the day of the trial, the following had to happen:

·         All evidence had to be read in the full hearing of open court.

·         Each witness would be required to affirm his testimony.

·         Witnesses had to identify the precise month, day, hour and location of the event about which they testified.

Requirements for a Trial

·         A council could not initiate charges against a person, but could only consider charges brought by an outside party.

·         A woman was not allowed to testify, because she was considered too weak to have the courage to give the first blow if a person was sentenced to death.

·         If found guilty, the sentence was not pronounced until two days later

·         On the third day, the council reconvened, and each judge was asked if he had changed his decision.

·         The council was required to remind prospective witnesses of the preciousness of human life and admonish them to be certain in their testimony.

·         No criminal trial could begin, or be continued into the night.

·         The property of an executed criminal could be not confiscated, but passed on to their heirs.

·         Voting was done from the youngest to the oldest member in order that the younger would not be influenced the older.

·         If the council voted unanimously for conviction, the criminal was set free, because the necessary element of mercy was presumed to be lacking.

The governing principle in capital cases was that the Sanhedrin is to save, not destroy life.

When properly administered, the Jewish system of justice was not only eminently fair but merciful.

In Jesus’ trial, the Sanhedrin violated every principle of its own system of jurisprudence.

Jesus’ Trial

·         He was illegally tried without being first charged with a crime.

·         He was tried at night and in private.

·         He was not permitted a defense.

·         The witnesses against Him had been bribed to falsify their testimony.

·         He was executed on the same day He was sentenced.

·         Consequently, the judges could not have fasted on the intervening day.

·         Thus, they had no opportunity to reconsider their verdict.