Should We Use the Death Penalty? If so, When?

(6) Whoever sheds a human being's blood , a human being shall shed their blood; for in God's image did God make humanity.

(12) Someone who fatally strikes someone else shall be put to death. (13) If they did not do it by design, but it came about by an act of God, I will assign you a place to which they can flee. (14) When someone schemes against another and kills them treacherously, you shall take them from My very altar to be put to death. (15) Someone who strikes his father or his mother shall be put to death. (16) Someone who kidnaps someone—whether they were sold or still being held—shall be put to death. (17) Somone who insults his father or his mother shall be put to death.

(1) Four [forms] of capital punishment were given over to the courts: stoning, burning, decapitation, and strangulation. Rabbi Shimon says, burning, stoning, strangulation, and decapitation.

(3) The Sanhedrin [highest court, comprised of 71 scholars] was [organized like] half of a round granary, so that each (judge) could see each [judge]. Two court scribes stood before them, one on the right and one on the left, and they wrote the words of the acquitting [defense] and the words of the convicting [prosecution]. Rabbi Yehudah says, (there were) three, one wrote the words of the acquitting and one wrote the words of the convicting, and the third wrote the words of the acquitting and the words of the convicting.

(5) How do we inspire awe in the witnesses in a capital case? We bring them in [to the court's chambers] and press them: "Perhaps what you say [isn't eyewitness testimony] is but your own assessment, or from rumors, or your witnessing an actual witness testify, or your reporting what a trustworthy said. Or perhaps you were unaware that by the end we'd interrogate you, with examination and inquiry. Know that capital cases are not like monetary ones. In monetary cases, [a false witness] can return the money and achieve atonement. But in capital cases, the blood of [the victim [and all his future offspring hang upon you until the end of time. For thus we find in regard to Cain, who killed his brother, "The bloods of your brother scream out!" (Genesis 4:10) - the verse does not say blood of your brother, but bloods of your brother, because it was his blood and also the blood of his future offspring [screaming out]! [Another explanation of the verse: for his blood was splattered over the trees and rocks [there was more than one pool of blood]. [The judges' speech continues] "It was for this reason that man was first created as one person [Adam], to teach you that anyone who destroys a life is considered by Scripture to have destroyed an entire world; and anyone who saves a life is as if he saved an entire world." And also, to promote peace among the creations, that no man would say to his friend, "My ancestors are greater than yours." And also, so that heretics will not say, "there are many rulers up in Heaven." And also, to express the grandeur of The Holy One [blessed be He]: For a man strikes many coins from the same die, and all the coins are alike. But the King, the King of Kings, The Holy One [blessed be He] strikes every man from the die of the First Man, and yet no man is quite like his friend. Therefore, every person must say, “For my sake ‎the world was created.”‎ [The judges' speech continues:] "Maybe you [the witnesses] will now say, 'What do we need this, and all this anxiety for [let's not come forward even with true testimony]!' But Scripture has already spoken: "If he be a witness - having seen or known - if he does not express it, he shall bear his sin." (Lev. 5:1) Maybe you will now say, 'What do we need this, to be responsible for another man's death?' But Scripture has already spoken: "When the wicked are destroyed there is rejoicing." (Prov. 11:10)"

GEMARA: The Sages taught in a baraita: How does the court describe testimony based on conjecture? The court says to the witnesses: Perhaps you saw this man about whom you are testifying pursuing another into a ruin, and you pursued him and found a sword in his hand, dripping with blood, and the one who was ultimately killed was convulsing. If you saw only this, it is as if you saw nothing, and you cannot testify to the murder.

(10) A Sanhedrin that would execute somebody once in seven years would be considered destructive. Rabbi Elazar Ben Azariah says: "Once in seventy years." Rabbi Tarfon and Rabbi Akiva said: "If we were on the Sanhedrin , nobody would have ever been executed." Rabban Shim'on Ben Gamliel said: "They too would have increased violence in Israel."

Rabbi Yehuda ben Tabbai sentenced someone to death incorrectly. Shimon ben Shataḥ said to him: I swear that I will not see the consolation of Israel if you did not shed innocent blood... Yehuda ben Tabbai immediately accepted upon himself not to rule on any matter of law unless he was in the presence of Shimon ben Shataḥ, as he realized he could not rely on his own judgment. The baraita further relates: All of Yehuda ben Tabbai’s days, he would prostrate himself on the grave of that executed individual, to request forgiveness, and his voice was heard weeping.