By The Mouths Of How Many Witnesses?

BY Herschel Smith
6 years, 11 months ago

When we discussed what I called the unbiblical idea that exculpatory evidence is excluded from the court because it’s “hearsay” evidence, it occurred to me that we could add more discussion to this.  From R. J. Rushdoony, The Institutes of Biblical Law, pages 566 -567.

The Biblical law of testimony does not permit torture or coerced confessions.  Voluntary confession is possible, but two or more witnesses are required for conviction.  More strictly, confession is never cited in the law; its place in court was apparently only in connection with corroborating evidence.  Thus Achan’s confession required confirming evidence before he was sentence and executed (Joshua 7:19-26).  The voluntary aspect of Achan’s confession must be noted.  Biblical law preserves the integrity of the individual against forced confession; the right of citizens to be protected from the power of the state to compel their self-incrimination does not appear outside the Biblical legal tradition.

[ … ]

The objection to self-incrimination means that a Christian must oppose the use of lie detectors as a matter do principle.  The lie detector reverses a basic principle of justice …

Another point of interest with respect to lie detector tests has been cited by a Christian police officer.  An innocent man may submit to the test in the hopes of clearing himself, but, once under the test, his total privacy is subject to invasion.  He can be asked about religious beliefs, political opinions, does he own any guns, and almost anything the examiners choose to ask him.  The result is a forced confession.

Like lie detectors, wire-tapping is a form of illegal invasion of privacy; it involves a form of coerced confession, a destruction of the integrity of communication, which makes it clearly immoral and wrong.

But America has long since defenestrated a Biblical notion of righteousness and justice, in its place having substituted the notion of the state as god, and thus you see today that Robert Mueller’s team has absconded with emails to which they have absolutely no right.  In a more righteous society, Mueller and his team would be held accountable for this immoral action.


Comments

  1. On December 18, 2017 at 11:49 am, Fred said:

    There is something hinted at in the Rushdoony quote you cited. That is; even if I confess, forget coercion for a moment but voluntarily, even then actual evidence is still required.

    The natural law of God is perfect. Because to convict solely on confession would be destructive of God’s given freedom to the confessor. And more over if death was the punishment for a supposed crime against another (there is no instance of crime against the state or society, I agree with Herschel) that was not committed by the confessor that death would then be murder, a violation of the Decalogue. So to violate ones liberty or life as indicated is unjust (or an injustice if you prefer), unbiblical, evil.

    How then, all the more evil is a coerced confession or one obtained by deception? In God’s economy there is no ‘ends justifies the means’.

    Other than Christ on the cross, I can’t think of another instance of imputed guilt to set an offender at liberty.

    Interesting.

    And oh by the way, speaking of Christ and imputed guilt:

    As it is written, There is none righteous, no, not one:
    There is none that understandeth, there is none that
    seeketh after God. They are all gone out of the way,
    they are together become unprofitable; there is none
    that doeth good, no, not one. For all have sinned, and
    come short of the glory of God;…For the wages of sin is
    death; but the gift of God is eternal life through
    Jesus Christ our Lord. And death and hell were cast into
    the lake of fire. This is the second death.

    But God commendeth his love toward us, in that, while
    we were yet sinners, Christ died for us. That if thou shalt
    confess with thy mouth the Lord Jesus, and shalt believe
    in thine heart that God hath raised him from the dead,
    thou shalt be saved. For with the heart man believeth
    unto righteousness; and with the mouth confession is
    made unto salvation. For whosoever shall call upon the
    name of the Lord shall be saved.

RSS feed for comments on this post. TrackBack URL

Leave a comment


You are currently reading "By The Mouths Of How Many Witnesses?", entry #18262 on The Captain's Journal.

This article is filed under the category(s) Politics,Religion and was published December 17th, 2017 by Herschel Smith.

If you're interested in what else the The Captain's Journal has to say, you might try thumbing through the archives and visiting the main index, or; perhaps you would like to learn more about TCJ.

26th MEU (10)
Abu Muqawama (12)
ACOG (2)
ACOGs (1)
Afghan National Army (36)
Afghan National Police (17)
Afghanistan (704)
Afghanistan SOFA (4)
Agriculture in COIN (3)
AGW (1)
Air Force (40)
Air Power (10)
al Qaeda (83)
Ali al-Sistani (1)
America (22)
Ammunition (285)
Animals (297)
Ansar al Sunna (15)
Anthropology (3)
Antonin Scalia (1)
AR-15s (379)
Arghandab River Valley (1)
Arlington Cemetery (2)
Army (87)
Assassinations (2)
Assault Weapon Ban (29)
Australian Army (7)
Azerbaijan (4)
Backpacking (3)
Badr Organization (8)
Baitullah Mehsud (21)
Basra (17)
BATFE (229)
Battle of Bari Alai (2)
Battle of Wanat (18)
Battle Space Weight (3)
Bin Laden (7)
Blogroll (3)
Blogs (24)
Body Armor (23)
Books (3)
Border War (18)
Brady Campaign (1)
Britain (38)
British Army (35)
Camping (5)
Canada (17)
Castle Doctrine (1)
Caucasus (6)
CENTCOM (7)
Center For a New American Security (8)
Charity (3)
China (16)
Christmas (16)
CIA (30)
Civilian National Security Force (3)
Col. Gian Gentile (9)
Combat Outposts (3)
Combat Video (2)
Concerned Citizens (6)
Constabulary Actions (3)
Coolness Factor (3)
COP Keating (4)
Corruption in COIN (4)
Council on Foreign Relations (1)
Counterinsurgency (218)
DADT (2)
David Rohde (1)
Defense Contractors (2)
Department of Defense (210)
Department of Homeland Security (26)
Disaster Preparedness (5)
Distributed Operations (5)
Dogs (15)
Donald Trump (27)
Drone Campaign (4)
EFV (3)
Egypt (12)
El Salvador (1)
Embassy Security (1)
Enemy Spotters (1)
Expeditionary Warfare (17)
F-22 (2)
F-35 (1)
Fallujah (17)
Far East (3)
Fathers and Sons (2)
Favorite (1)
Fazlullah (3)
FBI (39)
Featured (190)
Federal Firearms Laws (18)
Financing the Taliban (2)
Firearms (1,800)
Football (1)
Force Projection (35)
Force Protection (4)
Force Transformation (1)
Foreign Policy (27)
Fukushima Reactor Accident (6)
Ganjgal (1)
Garmsir (1)
general (15)
General Amos (1)
General James Mattis (1)
General McChrystal (44)
General McKiernan (6)
General Rodriguez (3)
General Suleimani (9)
Georgia (19)
GITMO (2)
Google (1)
Gulbuddin Hekmatyar (1)
Gun Control (1,674)
Guns (2,340)
Guns In National Parks (3)
Haditha Roundup (10)
Haiti (2)
HAMAS (7)
Haqqani Network (9)
Hate Mail (8)
Hekmatyar (1)
Heroism (5)
Hezbollah (12)
High Capacity Magazines (16)
High Value Targets (9)
Homecoming (1)
Homeland Security (3)
Horses (2)
Humor (72)
Hunting (41)
ICOS (1)
IEDs (7)
Immigration (114)
India (10)
Infantry (4)
Information Warfare (4)
Infrastructure (4)
Intelligence (23)
Intelligence Bulletin (6)
Iran (171)
Iraq (379)
Iraq SOFA (23)
Islamic Facism (64)
Islamists (98)
Israel (19)
Jaish al Mahdi (21)
Jalalabad (1)
Japan (3)
Jihadists (81)
John Nagl (5)
Joint Intelligence Centers (1)
JRTN (1)
Kabul (1)
Kajaki Dam (1)
Kamdesh (9)
Kandahar (12)
Karachi (7)
Kashmir (2)
Khost Province (1)
Khyber (11)
Knife Blogging (7)
Korea (4)
Korengal Valley (3)
Kunar Province (20)
Kurdistan (3)
Language in COIN (5)
Language in Statecraft (1)
Language Interpreters (2)
Lashkar-e-Taiba (2)
Law Enforcement (6)
Lawfare (14)
Leadership (6)
Lebanon (6)
Leon Panetta (2)
Let Them Fight (2)
Libya (14)
Lines of Effort (3)
Littoral Combat (8)
Logistics (50)
Long Guns (1)
Lt. Col. Allen West (2)
Marine Corps (280)
Marines in Bakwa (1)
Marines in Helmand (67)
Marjah (4)
MEDEVAC (2)
Media (68)
Medical (146)
Memorial Day (6)
Mexican Cartels (41)
Mexico (61)
Michael Yon (6)
Micromanaging the Military (7)
Middle East (1)
Military Blogging (26)
Military Contractors (5)
Military Equipment (25)
Militia (9)
Mitt Romney (3)
Monetary Policy (1)
Moqtada al Sadr (2)
Mosul (4)
Mountains (25)
MRAPs (1)
Mullah Baradar (1)
Mullah Fazlullah (1)
Mullah Omar (3)
Musa Qala (4)
Music (25)
Muslim Brotherhood (6)
Nation Building (2)
National Internet IDs (1)
National Rifle Association (97)
NATO (15)
Navy (30)
Navy Corpsman (1)
NCOs (3)
News (1)
NGOs (3)
Nicholas Schmidle (2)
Now Zad (19)
NSA (3)
NSA James L. Jones (6)
Nuclear (63)
Nuristan (8)
Obama Administration (221)
Offshore Balancing (1)
Operation Alljah (7)
Operation Khanjar (14)
Ossetia (7)
Pakistan (165)
Paktya Province (1)
Palestine (5)
Patriotism (7)
Patrolling (1)
Pech River Valley (11)
Personal (73)
Petraeus (14)
Pictures (1)
Piracy (13)
Pistol (4)
Pizzagate (21)
Police (656)
Police in COIN (3)
Policy (15)
Politics (981)
Poppy (2)
PPEs (1)
Prisons in Counterinsurgency (12)
Project Gunrunner (20)
PRTs (1)
Qatar (1)
Quadrennial Defense Review (2)
Quds Force (13)
Quetta Shura (1)
RAND (3)
Recommended Reading (14)
Refueling Tanker (1)
Religion (495)
Religion and Insurgency (19)
Reuters (1)
Rick Perry (4)
Rifles (1)
Roads (4)
Rolling Stone (1)
Ron Paul (1)
ROTC (1)
Rules of Engagement (75)
Rumsfeld (1)
Russia (37)
Sabbatical (1)
Sangin (1)
Saqlawiyah (1)
Satellite Patrols (2)
Saudi Arabia (4)
Scenes from Iraq (1)
Second Amendment (687)
Second Amendment Quick Hits (2)
Secretary Gates (9)
Sharia Law (3)
Shura Ittehad-ul-Mujahiden (1)
SIIC (2)
Sirajuddin Haqqani (1)
Small Wars (72)
Snipers (9)
Sniveling Lackeys (2)
Soft Power (4)
Somalia (8)
Sons of Afghanistan (1)
Sons of Iraq (2)
Special Forces (28)
Squad Rushes (1)
State Department (23)
Statistics (1)
Sunni Insurgency (10)
Support to Infantry Ratio (1)
Supreme Court (62)
Survival (201)
SWAT Raids (57)
Syria (38)
Tactical Drills (38)
Tactical Gear (15)
Taliban (168)
Taliban Massing of Forces (4)
Tarmiyah (1)
TBI (1)
Technology (21)
Tehrik-i-Taliban (78)
Terrain in Combat (1)
Terrorism (96)
Thanksgiving (13)
The Anbar Narrative (23)
The Art of War (5)
The Fallen (1)
The Long War (20)
The Surge (3)
The Wounded (13)
Thomas Barnett (1)
Transnational Insurgencies (5)
Tribes (5)
TSA (25)
TSA Ineptitude (14)
TTPs (4)
U.S. Border Patrol (6)
U.S. Border Security (19)
U.S. Sovereignty (24)
UAVs (2)
UBL (4)
Ukraine (10)
Uncategorized (99)
Universal Background Check (3)
Unrestricted Warfare (4)
USS Iwo Jima (2)
USS San Antonio (1)
Uzbekistan (1)
V-22 Osprey (4)
Veterans (3)
Vietnam (1)
War & Warfare (419)
War & Warfare (41)
War Movies (4)
War Reporting (21)
Wardak Province (1)
Warriors (6)
Waziristan (1)
Weapons and Tactics (79)
West Point (1)
Winter Operations (1)
Women in Combat (21)
WTF? (1)
Yemen (1)

November 2024
October 2024
September 2024
August 2024
July 2024
June 2024
May 2024
April 2024
March 2024
February 2024
January 2024
December 2023
November 2023
October 2023
September 2023
August 2023
July 2023
June 2023
May 2023
April 2023
March 2023
February 2023
January 2023
December 2022
November 2022
October 2022
September 2022
August 2022
July 2022
June 2022
May 2022
April 2022
March 2022
February 2022
January 2022
December 2021
November 2021
October 2021
September 2021
August 2021
July 2021
June 2021
May 2021
April 2021
March 2021
February 2021
January 2021
December 2020
November 2020
October 2020
September 2020
August 2020
July 2020
June 2020
May 2020
April 2020
March 2020
February 2020
January 2020
December 2019
November 2019
October 2019
September 2019
August 2019
July 2019
June 2019
May 2019
April 2019
March 2019
February 2019
January 2019
December 2018
November 2018
October 2018
September 2018
August 2018
July 2018
June 2018
May 2018
April 2018
March 2018
February 2018
January 2018
December 2017
November 2017
October 2017
September 2017
August 2017
July 2017
June 2017
May 2017
April 2017
March 2017
February 2017
January 2017
December 2016
November 2016
October 2016
September 2016
August 2016
July 2016
June 2016
May 2016
April 2016
March 2016
February 2016
January 2016
December 2015
November 2015
October 2015
September 2015
August 2015
July 2015
June 2015
May 2015
April 2015
March 2015
February 2015
January 2015
December 2014
November 2014
October 2014
September 2014
August 2014
July 2014
June 2014
May 2014
April 2014
March 2014
February 2014
January 2014
December 2013
November 2013
October 2013
September 2013
August 2013
July 2013
June 2013
May 2013
April 2013
March 2013
February 2013
January 2013
December 2012
November 2012
October 2012
September 2012
August 2012
July 2012
June 2012
May 2012
April 2012
March 2012
February 2012
January 2012
December 2011
November 2011
October 2011
September 2011
August 2011
July 2011
June 2011
May 2011
April 2011
March 2011
February 2011
January 2011
December 2010
November 2010
October 2010
September 2010
August 2010
July 2010
June 2010
May 2010
April 2010
March 2010
February 2010
January 2010
December 2009
November 2009
October 2009
September 2009
August 2009
July 2009
June 2009
May 2009
April 2009
March 2009
February 2009
January 2009
December 2008
November 2008
October 2008
September 2008
August 2008
July 2008
June 2008
May 2008
April 2008
March 2008
February 2008
January 2008
December 2007
November 2007
October 2007
September 2007
August 2007
July 2007
June 2007
May 2007
April 2007
March 2007
February 2007
January 2007
December 2006
November 2006
October 2006
September 2006
August 2006
July 2006
June 2006
May 2006

about · archives · contact · register

Copyright © 2006-2024 Captain's Journal. All rights reserved.