[Avodah] police misdeeds and trial evidence

[hankman]

RMB wrote:

And to reiterate a point I couldn't "sell" in the past -- I think the
overwhelming majority of cases were resolved on this plane. Given the
need to protect society from murderers, and the difficulty in meting
out dinei nefashos, don't you think most murderers would end up in jail?

You only need 2 eidim for eidei qiyum (eg qiddishin), to outnumber the
ba'al din in a CM case (but the ba'al din can outtrump the eid echad
with his own or with a shavu'ah), or oneshim.

These are a minority of cases BD must face! (The first category not
even being a court case.) Do you think they did nothing? Or do you think
that if 5 women or evidence make it obvious the guy is really a danger
to society (or their property), the guy would be locked up?

I would be shocked to think BD did not routinely protect society this
way.

Tir'u baTov!
-Micha
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CM responds:

See Sanhedrin 46a "shomati shebeis-din makin ve'onshin shelo min haTorah ...
and see also Rmb"m Hilchos Sanhedrin 24:4-10 based on this gemara. This seems to be the source for extra-legal (extra-halachic) powers of beis-din. So I guess that if the times required it, and five women testified that someone is a danger to society, beis-din could do what they deemed necessary (not to set a precedent, but only as a horoas shoa, as the Rmb"m states in halocha 4).

Kol Tuv

Chaim Manaster
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