The Illegality of Jesus' Trial

                                           The Illegality of Jesus’ Trial

 The trial of Jesus Christ was without precedent. He was convicted and executed even though Pilate, the local Roman authority, found him innocent. Our contention is that the trial of Jesus was illegal on the grounds as explained hereunder.
1. There was no legal basis for Jesus’ arrest because no one had presented a formal charge of any crime. He was simply bound and taken away. Moreover, those who went with Judas to have Jesus arrested included the priests and elders – his judges (Luke 22,52) – among whom were the ones who bribed Judas.
2. Jesus was subjected to a secret preliminary examination at night (John 18, 12-14, 19-23), whereas Jewish law permitted only daylight proceedings.
3. The indictment against Jesus was illegal because the judges themselves brought up the charges without any prior testimony by witnesses. By law, the Jewish court (the Sanhedrin) was not allowed to originate charges.
4. The court proceeded to hold its trial of Jesus before dawn, so no one would be available to testify on his behalf.
5. Jesus’ trial began on a day before an annual Sabbath (John 18,28). Jewish law forbade any trial of a capital offence to begin on a Friday or the day before an annual Sabbath. Jesus was arrested and tried on the 14th. of Abib (April 6, year 30), the day before the first annual Sabbath of the Feast of Unleavened Bread.
6. Jesus’ trial was conducted in one day. Jewish law stated: “If a sentence of death is to be pronounced, it (a criminal case) cannot be concluded before the following day” (Mishna, “Sanhedrin” IV, 1). This was to allow enough opportunity for any witnesses in support of the accused to present themselves. Jesus’ trial was conducted in private and completed in less than nine hours!
7. Two false witnesses charged Jesus with saying he would destroy the temple made with hands (Mark 14,58); yet the court condemned him on another false charge – that of blasphemy. He was condemned on his own testimony (Luke 22,67-71). However, according to Jewish law, a person could not be condemned on his own testimony.
8. The merits of Jesus’ defence were not considered. Despite Deuteronomy 13,14, the high priest did not “enquire and make search, and ask diligently” to see whether Jesus’ statement was blasphemous. The Mishna law says, “The judges shall weigh the matter in the sincerity of their conscience” (“Sanhedrin” IV, 5). Instead, the court pronounced sentence instantly and unanimously.
9. Those who would have pleaded against the condemnation were not at Jesus’ trial. Joseph of Arimathea was a member of the court, yet he was not there. Jesus’ opponents had made sure that only those who hated him would be there.
10. The sentence was pronounced in a place forbidden by law. The trial took place at the high priest’s house (Luke 22, 54). According to the law, a death sentence could be pronounced only in the place appointed by the court.
11. Most of the judges were legally disqualified to try Jesus. According to the historian Josephus, some had bought their way into office. Besides, since they were known enemies of Jesus, Jewish law required that they exclude themselves so that impartial judges could try him.
12. The court illegally switched the charges from blasphemy to treason before Pilate. Jesus opponents wanted him killed, but they did not want to do it themselves. (Perhaps they knew they couldn’t). Hence they charged him with treason (Luke 23, 2) – a crime against Rome – so the Romans would be responsible for his death. No evidence for treason was presented (John 18, 29 – 30). Pilate, after a brief interview, realised that Jesus was not guilty (John 18, 38; 19; Mathew 27, 18). Fearing the crowd, however, he allowed the crucifixion of an innocent man. Pilate did not even pronounce him guilty; he merely turned him over to the soldiers.
Judge for yourself if this trial wasn’t a travesty of common justice, and ask yourself what could have been in the mind and heart of Jesus Christ.
                                    Condensed from “Great Commission Church of God.”
Fr. Mervyn Carapiet
St. Thomas’ Church
Middleton Row
Kolkata