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Was there a mistrial in handling Jesus Christ's case?
Considering our present laws (most originated from Roman Laws) against the laws in the past, Jesus Christ should had been acquitted.
The Pharisees used their own laws to arrest Jesus but they employed force without invitation to make a statement or warrant for such arrest and hence, this was illegal. They tried Jesus in their council for preliminary investigation to compel him to talk (against the right to remain silent or the right against self-incrimination) but could not find solid crime against him. They handed over Jesus to the Romans for proper court hearings or judicial proceedings in the absence of a defense lawyer and hence, this was unlawful in violation of our present civil procedures & rules of court. Nonetheless, Herod & Pilate could not find fault or fraud against Jesus and therefore, Jesus should be acquitted & released when crime cannot be ascertained. These showed that there was no right cause of action, no burden of proof and no preponderance of evidence. Such trials had already passed more than double jeopardy. But they subjected Jesus Christ to torture & arbitrary detention and hence, these were all considered illegal.
Pilate must had exercised diligence of a good father but he (including the Chief Priest as co-respondent) must be charged for certiorari (declaring null & void of their judgment) and mandamus (declaring grave abuse of discretion in mishandling the trials) with damages for malicious prosecution as wrongful act (a criminal offense), causing physical injuries sustained or harm suffered under their custody as well as death from the cross .
2 Answers
- Annsan_In_HimLv 79 years agoFavorite Answer
On top of what you detail there was also the illegality of Jesus being put to death the same day He was tried. That was why the Jewish council had a night-time trial - in the small hours - so that they could then push Jesus straight on to Pilate at dawn, in the hope that He would be crucified that same day.
The Jewish council had no authority to put anyone to death, you see; they knew they'd have to invoke Roman law and that the only charge that might stick would be the claim that Jesus was an insurrectionist, trying to undermine the authority of the Roman Empire. So they presented him to Pilate with the charge that Jesus claimed He was a king. Everybody knew Jesus was not talking about an earthly kingdom!
It was Pilate's failure that led to the crucifixion, though, ultimately, it was God's will that the Son of God should die. At the Council, "Caiaphas was the one who had advised the Jews that it would be good if one man died for the people." (John 18:14, cf. 11:49-50) This shows us that John was hinting that a fair trial could not be expected from a man who had already said that putting Jesus to death was expedient. In all that happened, God's foreordained purposes were being worked out, once "Satan entered Judas". It was Satan's work going on, and that's why Jesus said of Judas that "It would have been better if that man had not been born" - once Satan realised his plans had spectacularly back-fired, Judas would know hell in all its horror.
Awesome subject.
- NousLv 79 years ago
The bible is what is called "Faction" A fictional story set in a factual time and place. Thus the time, place and real historical characters are all correct but the fictional characters and stories are not!
There is not one single mention of Jesus in the entire Roman record - that is right - not one! At the same time as he was supposed to have been around there were a number of Jews claiming to be the messiah - all of whom are well recorded!
There is not a single contemporary record from any source and even the bible mentions of him like all other references were not written until many years after his supposed death!
He was supposed to have been a huge problem to the Romans and produced wonderful miracles but still not one contemporary record?
Even the bible mentions of him like all other references were not written until many years after his supposed death!
Pilate is recorded in the Roman record as a somewhat lack luster man but no mention of a Jesus, a trial or crucifixion that would surely have been used to make him look brighter!
At best he was an amalgam of those others but almost certainly never existed!
