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Comments on Sentencing a defendant to death

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Sentencing a defendant to death

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Let's say a Jew is serving on a jury that is deciding the sentence for someone (even more powerfully, a Jew) convicted (under US law) of a capital offense. The judge instructs the jury that the two possible sentences are death or a protracted incarceration.

Can a Jew serve on such a jury? If the Jew believes that only a beit din can exact a death penalty then he will vote against the penalty even if the laws of the US (dina demalchuta dina) indicate that the penalty is called for.

Can a Jew be in favor of a secular law which doesn't follow the process of the Jewish legal system? Can he be against it on a religious level and still be following the rules of applying secular law?

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1 comment thread

through conversation with a co-worker, I am tempted to expand this question so question the entire co... (1 comment)
through conversation with a co-worker, I am tempted to expand this question so question the entire co...
rosends‭ wrote almost 2 years ago

through conversation with a co-worker, I am tempted to expand this question so question the entire concept of participating in a judicial system (via jury service) in which the laws of evidence, warning, and penalty are all counter to halacha