דיני ממונות ודיני נפשות

(1) Both non-capital and capital cases require examination and inquiry [of the witnesses], as it says, “You shall have one manner of law” (Lev. 24:22). How do non-capital cases differ from capital cases? Non-capital cases [are decided] by three and capital cases by twenty three. Non-capital cases may begin either with reasons for acquittal or for conviction; capital cases begin with reasons for acquittal and do not begin with reasons for conviction. In non-capital cases they may reach a verdict of either acquittal or conviction by the decision of a majority of one; in capital cases they may reach an acquittal by the majority of one but a verdict of conviction only by the decision of a majority of two. In non-capital cases they may reverse a verdict either [from conviction] to acquittal or [from acquittal] to conviction; in capital cases they may reverse a verdict [from conviction] to acquittal but not [from acquittal] to conviction. In non-capital cases all may argue either in favor of conviction or of acquittal; in capital cases all may argue in favor of acquittal but not all may argue in favor of conviction. In non-capital cases he that had argued in favor of conviction may afterward argue in favor of acquittal, or he that had argued in favor of acquittal may afterward argue in favor of conviction; in capital cases he that had argued in favor of conviction may afterward argue in favor of acquittal but he that had argued in favor of acquittal cannot afterward argue in favor of conviction. In non-capital cases they hold the trial during the daytime and the verdict may be reached during the night; in capital cases they hold the trial during the daytime and the verdict also must be reached during the daytime. In non-capital cases the verdict, whether of acquittal or of conviction, may be reached the same day; in capital cases a verdict of acquittal may be reached on the same day, but a verdict of conviction not until the following day. Therefore trials may not be held on the eve of a Sabbath or on the eve of a Festival.