[Avodah] halachic attitude to the convicted

[Micha Berger]

On Sun, Nov 22, 2009 at 10:26:50PM -0500, T613K at aol.com wrote:
: IIANM, there are no incarcerable offences in halacha.  

No, there are no offenses that REQUIRE incarceration. Beis din had a
jail and a prison. The meqosheish eitzim and the meqaleil were put in
a "mishmar" until sentencing. The Sifri (in discussing the meqosheish
eitzim) says that anyone who commits dinei nefashos is put in jail until
sentencing. The Y-mi Sanhedrin 7:8 writes about jail before trial and
sentencing for criminals. As for prison as a sentence: Sanhedrin 81b
and the Rambam Hil Sanhedrin 18:5 talk about life sentencing for repeat
offenders on capital offenses. The gemara's bit about forcing his early
death in prison is restricted to chayavei qerisus and murderers who are
proven guilty without valid eidus, as is seen from the Rambam, prison
in general isn't similarly limited.

Both Sanhedrin and non-Jewish gov't are halachically obligated to create
a safe society through law and punishment. This was the question I asked
earlier that I didn't notice anyone addressing. If the person in question
was found guilty of a crime that threatens the safety of society, is his
imprisonment a case requiring pidyon shevuyim? After all, the court is
doing it for obligatory purposes? And if not, is that because he is not
in shevi, or because it is dechuyah by uviarta hara beqirbekha?

I would see on these ground a difference between RCBrisker having the
city violate Yom Kippur to save a Bundist and appealing on behalf of
a thief. It would leave a lot of gray area for poseqim to address,
whether this particular crime makes the person a risk, or the leniency
in sentencing being demanded would put people at risk by those who would
otherwise be disuaded from doing the same crime.

Tir'u baTov!
-Micha

-- 
Micha Berger             I always give much away,
micha at aishdas.org        and so gather happiness instead of pleasure.
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