[Avodah] halachic attitude to the convicted

[Daniel Eidensohn]

*Steipler Rav (Within the Domain of Gedolei Torah Vol 2 page 557-560): 
*The rav of Komemiyus, Rav Binyamin Mendelson approached Rav Shlomo 
Lorenz concerning someone who had committed a crime in the past. Then he 
had been sentenced to a number of years of jail -- but had been placed 
on probation and wasn't imprisoned.  However the person eventually 
committed the crime again and now was being tried a second time. Rav 
Mendelson said that he knew this person and felt he deserved mercy - 
especially for his wife and children. Therefore he said there was an 
obligation to try to keep him out of jail - not only for the sake of his 
family - but because it was obvious that being in jail with hardened 
criminals would not serve to rehabilitate him. Therefore Rav Mendelson 
asked me to testify as a character witness at the trial to try and stop 
the jail sentence.

Rav Lorenz told him that while normally he would readily agree to 
whatever he asked. However in this case he knew that his testifying in 
court to aid a criminal would become public knowledge. This would cause 
a chilul HaShem because it would create the impression that the 
representative of the Torah world not only identified with the criminal 
but also offered him assistance. Therefore he told Rav Mendelson that he 
wanted to consult with the Steipler Rav before he did anything. Rav 
Mendelson agreed but requested that the Vishnitzer Rebbe also be consulted.

When Rav Lorenz told the story to the Steipler Rav, the Steipler 
screamed, "A Jew who sins and repeats that sin, it is better that he be 
punished in this world and not -- G-d forbid -- in the World to Come." 
He explained, "The punishment in this world is minor compared to what 
happens in the World to Come. Furthermore if you succeed in stopping the 
jail sentence he will continue to repeatedly commit this crime. It is 
better that he receive his punishment and perhaps learn 
self-restraint...In addition if I give you permission and you testify 
for his benefit it is obvious that every newspaper and all the public 
media will publicize the matter and it will also be a chilul HaShem when 
he sins again..."

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