136 Selected Responsa
Furthermore, the defendant must be personally warned by those who saw the crime or by someone else(San 30a; Git 33b; Kid 26b and Codes). The examination must concentrate on precise facts and not wander afield(San 32b; Yad Hil Edut 18.2; 22:1 ff; Shulhan Arukh Hoshen Mishpat 15.3; Responsa Rivash# 266). There are strict rules against self incrimination and no evidence of that kind is admissible (Ex 23.1; San 9b; Yeb 25; San 6.2: 18.6 and commentaries). The defendant may plead on her/his own behalf in front of the court before the court begins its deliberations(M. San 5:4), but he/she is not permitted to say anything which might prejudice the court against him (San 9:4). If the defendant is not capable of speaking for himself/herself, then a judge may do so for her/him(San 29a). If the matter involves a death sentence, then the court remains in session until the individual has been executed so that if any new evidence appears, the execution may be halted(M. San 6.1; San 43a and Yad Hil. San. 13.1(ff). This is merely a sample of judicial safeguards against injustice; they demonstrate the great care given to the defense of the accused and the efforts made on his behalf by the ancient system of courts. Lawyers or other representatives have not been involved, but the spirit of the law demands that we seek justice. We, in many modern lands, do so through an adversarial procedure.
The spirit of traditional legislation would indicate that lawyers in our system must participate in this effort to seek justice. This woul apply to war criminals, terrorists or others who may be tried in the United Sates or in the State of Israel . Jewish attorneys should consider themselves within the framework of tradition if they are appointed{0 such tasks or wish to volunteer for them. No one can, of course, b¢ forced into such a position against their will. If willing, then they W! help to assure that justice is done and that the accused has a reasonable opportunity to defend herself/himself within the framework of 0% judicial system.“Justice, Justice shall you pursue”(Deut 16.20) or 12 righteousness shall you judge your neighbor”(Lev 19.15) W continue to be our guide.