The Trial of Jesus



From a Speech by Hon. Harry Fogle *
Edited by Dr. Frederick D. Graves, JD
Learn the Law of this Story



There is so much mysticism and confusion surrounding the crucifixion and resurrection that we lose sight of the fact that Jesus of Nazareth was a man tried before a court of men under laws of men, that he was convicted and executed as a man, and that for sheer drama the trial of Jesus surely matches any of the great courtroom stories in the history of human justice.

I approach this subject as a lawyer, not a theologian. I urge you to research on your own the theological aspects of the events. I think it leads to better spiritual insight to have a lawyer’s view of the processes of law that culminated in the death of Jesus on Calvary’s cruel cross.

At the outset I want to emphasize that I do not believe a race of people caused the death of Jesus. I don't believe any thinking Christian does. It is my opinion only a very few powerful men in Israel–mainly the chief priests of that nation–were responsible for the miscarriage of justice that occurred. To understand the enormity of that miscarriage we examine the Jewish law as it then existed … a truly magnificent system of criminal justice.

Under provisions of Jewish law there could be no conviction for a capital offense based on the testimony of less than two witnesses. One witness was the same as no witness at all. If there were only two witnesses, both had to agree in every particular to the last detail.

Under rabbinical law, the accused had the right to employ counsel (the forerunner of our guarantee of counsel in criminal prosecutions set forth in the 6th Amendment to the Constitution of the United States). If he couldn't afford a lawyer one had to be appointed for him. We think of the U.S. Supreme Court decision of Gideon v. Wainwright that gave rise to our public defender system as an innovation, when in reality this was the practice of courts at least 2000 years ago!

Under Mosaic law an accused could not be required to testify against himself. This is the soul of our 5th Amendment, "No person shall be compelled in any criminal case to be a witness against himself." Here is the concept of “taking the fifth", part of criminal justice since the time of Moses!

A voluntary confession was not competent for conviction under Jewish law. The burden of proof is still on the State to establish that a confession, if given, was given freely, voluntarily, and intelligently. We require police officers to read the "Miranda warning" to an accused so the Court can determine if an admission was freely, voluntarily, and intelligently made. If confession is made after Miranda is heard and understood, a confession can be admitted. It was not so in Jesus’ day. Jewish law admitted no confession, believing the State could never rely on that which a person said from his own mouth.

Nor was circumstantial evidence admissible. One seldom sees a case in our courts today in which circumstantial evidence is not used. Evidence in many cases today is entirely circumstantial.

Hearsay evidence was not admitted then. We still have a rule against admitting testimony of witnesses who are not in court to be examined in person, however exceptions to our hearsay rule have virtually gobbled up the rule’s original protections for the accused.

The presumption of innocence our law recognizes today (i.e., that an accused is presumed innocent until his guilt is established by evidence to the exclusion of and beyond any reasonable doubt) also comes to us from Jewish law and was the rule when Jesus was unjustly crucified.

The accused in a capital case was required to be tried in the daytime and in public. This was the forerunner of our constitutional guarantee to a public trial.

No evidence could be produced except when the accused was present. This established the present day right of the accused to be confronted by the witnesses testifying against him.

Witnesses were not administered an oath. It was felt the Commandment "Thou Shalt Not Bear False Witness" was sufficient to deter perjury. Lying in court was perjury–oath or no oath. Moreover, there were two additional deterrents to perjury: (1) any witness in a capital case who committed perjury was subject himself to the death penalty, and (2) if the accused in a capital case was convicted, the witnesses were required to attend the execution. Under this provision of law, witnesses generally chose their words cautiously and offered testimony only with great care!
The Sanhedrin

The Great Sanhedrin, the Jewish Supreme Court, was the only court with jurisdiction over crimes punishable by death. Establishment of the Sanhedrin is ascribed to Moses. It was a court of 70 members made up of a High Priest as presiding judge, a Religious Chamber of 23 chief priests, a Law Chamber of 23 scribes, and a Popular Chamber of 23 elders. It was to this court Jesus referred when he said he must go to Jerusalem and suffer many things of the elders, chief priests, and scribes. He knew it was by their decision he would be killed.

Extreme care was used to select the judges of this great court. Each had to be at least 40 years of age with experience in at least three offices of gradually increasing dignity. Each had to be a person of unimpeachable integrity and held in highest esteem by his fellow men.

ScrollMembers of the Sanhedrin acted both as judges and jurors. They did not have a separate jury. Any member with an interest or personal knowledge of the parties or facts was required to disqualify himself. The Court had to decide the question of guilt or innocence solely on evidence presented in the courtroom.

The Sanhedrin was charged under rabbinical law with the duty to protect and defend the accused. No member of the court could act entirely as an accuser or prosecutor. The law required the court to give accused persons “the benefit of doubt" and to assist the accused to establish his innocence.

The trial procedure was similar to ours. Following the preliminary hearing a summary of the evidence was given by one of the judges. Spectators were then removed from the courtroom, and the judges proceeded to ballot. A majority was sufficient to convict or acquit. If a majority voted to acquit, the trial was over then and there, and the defendant was completely exonerated. If a majority voted to convict, then a different procedure had to be followed.

No announcement of verdict could be made that day. The court had to adjourn for a full day. The judges were permitted to go to their homes but were not to allow their minds to be occupied by any business pursuits or social activities. They were to devote their time to solemn consideration and reconsideration of the evidence and return a day later to ballot again.

At this second ballot any judge voting for acquittal could not change his vote, but any judge who at the first ballot found the accused "guilty" could change his vote.

During this interim the defendant was still presumed innocent.

Another peculiar provision of Jewish law is of great importance, for a unanimous verdict of guilty resulted in acquittal of the defendant! This arose from the court’s duty to protect and defend the accused. Mosaic law held that since some member of the court had to interpose a defense for the accused, a unanimous verdict of guilty indicated no one had done this, that there could only be a conspiracy against the accused, that he had no friend or defender. Such a verdict was invalid. In other words, a unanimous guilty verdict had the effect of acquittal, and the accused was required to be set free.
The Evil of Theocracy

Israel was not a democracy with church and state separate but a theocracy with church and state intertwined as one ... and the chief priests fully in charge of everything. Many believe the chief priests brought about Jesus' illegal arrest and trial, that it was they who bribed Judas, that it was they alone who were threatened by the public teachings of Jesus, that it was they alone who sought to have him put to death.Ten Commandments
The Arrest

The arrest of Jesus was illegal because it came at night in violation of law. It was effected through efforts of the conspirator Judas Iscariot in violation of rabbinical law. It was not the result of any legal mandate, again in violation of Mosaic code.

The Roman guards who arrested Jesus in the Garden of Gethsemane and brought him bound into the judgment hall of the high priest had been issued no lawful warrant.

That the court was convened at night is further evidence of the conspiracy against Jesus by priests whose hypocrisy The Carpenter had publicly denounced.

Under the law of the Sanhedrin, the first step should have been arraignment of the prisoner, the reading of charges against him in open court. The record (including the writings of Matthew, Mark, Luke, John, Josephus, Philo, and the Dead Sea Scrolls) mentions no arraignment. I submit that Matthew, Mark, Luke, and John are credible witnesses. We can believe their report.
False Witnesses