[Avodah] How does criminal law function in a Torah state

[M Cohen]

(rejected from Areivim and sent to Avodah) 

 

RDB wrote... Let it be said immediately -Torah Judaism is *not* fearful of
the possibility of running a State based on Torah and Halacha ..I have no
doubt at all that a consortium of Rav Eliashiv, Rav Chaim Kanievsky, Rav
Zilberstein, Rav Asher Weiss, Rav Zalman Nechemia Goldberg, Rav Neventzahl,
Rav Simcha Kook, Rav Hershel Schachter etc, could tackle any issues based on
Halacha.

 

I've always wondered how a Torah state would handle criminal law.

 

It's clear that monetary laws could run according to SA, but it's also clear
that criminal law could NOT run according to basic Torah law.

 

(very few rapists/murderers/thieves plan to do their crime in front of 2
kosher witnesses)

 

In order to prevent civil anarchy, one could not protect society based on
Torah criminal law, but would have to use the concept of 'makin v'onshin
shlo min hadin'

 

Is this a hefker principle?  

Does every Bais din do what it feels like, with no system rules or
guidelines?

If a Dayan decides to kill someone based on very flimsy evidence, is there
any recourse?

 

Or is there now a new secondary system put into place to handle 'makin
v'onshin shlo min hadin'

(with rules for evidence, sentencing guidelines, courts of appeal, etc etc)

 

..Basically a criminal justice system similar to the what each nation has
currently set up today

 

thoughts?

 

btw, RDB pointed me to Tzitz Eliezer 19:51 who discusses at length the
concept of 

'makin v'onshin shlo min hadin'

 

Mordechai Cohen

 

 

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