No one is to be found guilty of injustice without proper evidence.

“A single witness shall not suffice against a person for any crime or wrong in connection with any offense that has been committed.” Deuteronomy 19.15

When a case of injustice came to the attention of a community, procedures were to be enacted in order to determine (a) whether in fact injustice had occurred, and (b) what actions should be taken in order to restore justice to the community. That process begins, as we have seen, with an investigation or inquiry. Presumably, a charge would be presented against an individual. Then it would be the burden of the one bringing the charge to produce evidence to support his claim.

Under the Law of God, evidence could be of three kinds: eye-witness, physical, or circumstantial. In the case of eye-witnesses, one witness would not be sufficient to convict someone of injustice. At least two witnesses, and preferably three, were required to prove a charge against anyone accused of injustice. False witnesses were dealt with harshly in ancient Israel (Ex. 23.1; Deut. 19.16-19; 22.13-19). When a charge of injustice was registered, a call for witnesses would be issued. It was the duty of all who heard that call for witnesses, if they had anything to contribute, to stand forward and testify (Lev. 5.1).

Physical evidence could also be produced to support the charges against an accused person. For example, if one was charged with not properly penning his animals, all that was necessary would be for the accuser to demonstrate that he had taken one of his neighbor’s animals as it was trampling his grain. Circumstantial evidence would be a bit harder, but we can imagine scenarios in which it would be admitted: a man is shown to have been burning his fields on the same day that his neighbor’s field caught fire.

The investigation of a charge of injustice was undertaken for the sake of surfacing evidence to support or refute the accusation. Presumably, if insufficient evidence, or evidence that was not considered compelling, was presented, the accused would be allowed to go free. In such a case, the one bringing the charge against his neighbor might be held accountable for the damages – whether pecuniary or physical (Deut. 19.16-19). This would help to ensure that charges of injustice where not brought in a cavalier manner. We can only imagine how such a provision might help to mitigate the plague of litigiousness which has settled on our own society.

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