Unlike modern systems of jurisprudence, the Bible does not draw distinctions between criminal, civil, family, and religious law, either in its terminology or in its presentation of legal material. In the Bible, acts of deviance that are defined as criminal in virtually all societies are discussed alongside violations of a culturally specific, religious nature. For instance, the Ten Commandments prohibit murder and dishonoring parents (Exod. 20:12–13), as well as commanding Sabbath observance (Exod. 20:8–11). Any attempt to extract a system of criminal law from biblical materials must account for the fact that every culture defines deviance differently, with respect not only to specific acts but also to categories of deviance.
When viewed from the standpoint of the Bible’s organization of legal material, the terminology used, and the sanctions applied, there is substantial overlap in the Bible between “crime” and what modern societies define as noncriminal deviance. For present purposes, we might define “crime” broadly as including any act of social deviance that merits the application of a sanction by society at large (as opposed to the ad hoc fiats of rulers, as in Gen. 26:11) and that can be prohibited in a generally applied rule (even accounting for differences between free citizens and slaves, as in Exod. 21:18–21). As we will see, the Bible requires punishments, often severe, for a broad spectrum of offenses.
Capital Crimes
The Pentateuch mandates the death penalty for a wide variety of crimes. Often the mode of execution is unspecified. Where a particular mode is prescribed, the death penalty most often consisted of stoning (as in Num. 15:35) and less frequently of burning (Lev. 20:14) or shooting with arrows (Exod. 19:13).
Crimes incurring the death penalty include killing or murder (Exod. 21:12–14; Lev. 24:17; Num. 35:16), though the crime is aggravated or lessened depending on the intention behind it (Exod. 21:13–14) and whether a weapon is involved (Num. 35:16); attacking parents (Exod. 21:15); kidnapping and slave trading (Exod. 21:16; Deut. 24:7); cursing parents (Exod 21:17; Lev. 20:9); negligence resulting in death (Exod. 21:29); bestiality (Exod. 22:19; Lev. 20:15–16); breach of the Sabbath (Exod. 31:14–15; Num. 15:35); child sacrifice (Lev. 20:2); adultery (Lev. 20:10; Deut. 22:22); incest (Lev. 20:11–12); homosexuality (Lev. 20:13); marrying a woman and her mother (Lev. 20:14); witchcraft (Exod. 22:18; Lev. 20:27); blasphemy (Exod. 24:16); unauthorized approach to the tabernacle (Num. 1:51); idolatry (Num. 25:5); false prophecy and divination (Deut. 13:5); presumptuous prophecy (Deut. 18:20); enticing others to idolatry (Deut. 13:6–10); false testimony in a capital case (Deut. 19:19); and contempt for authorities (Deut. 17:2; Josh. 1:18).
When the body of an executed criminal was displayed by hanging, it had to be removed by nightfall (Deut. 21:22). The death penalty was not to be applied vicariously to family members of criminals (Deut. 24:16). In OT texts, execution was to be carried out by the victims (Deut. 13:9), families of victims (the “avenger of blood” of Num. 35:19), or witnesses to the crime.
The NT mentions an official or professional executioner (Mark 6:27). Paul declares that the authorities rightly derive the power of the sword from God (Rom. 13:4).
Punishments for Noncapital Crimes
Corporal punishment. Beating as a criminal punishment is rare in the OT (Jer. 20:2; 37:15). Most OT references to beating occur in the context of the household, as a punishment for slaves or children. Deuteronomy 25:3 limits the number of strokes in a flogging to forty (see 2 Cor. 11:24). Flogging was commonly applied as a criminal punishment in Roman times, and it was a common mode of discipline within the Roman military (Acts 16:22; 2 Cor. 11:25; 1 Pet. 2:20).
Restitution. Crimes against property were punished by compelling the offender to make restitution by repaying, often in an amount that exceeded the actual damages, including in cases of theft or negligence (Exod. 21:33; 22:3–15); killing an animal (Lev. 24:18, 21); having sexual relations with a virgin not pledged to be married (Exod. 22:16); injuring a pregnant woman (Exod. 21:22); harming a slave (Exod. 21:26–27). Financial restitution could not be made for murder (Num. 35:31).
Retribution. The notion of the lex talionis, the law of retribution, is stated in Exod. 21:23–24: “life for life, eye for eye, tooth for tooth, hand for hand, foot for foot” (cf. Lev. 24:19–20; Deut. 19:21; Matt. 5:38). This formula appears in other ancient legal traditions. The idea of bodily mutilation may strike modern readers as barbaric, but such laws may actually have been relatively enlightened by ancient standards, as they imposed a proportional limit on retribution.
Incarceration. In modern societies, incarceration and probation account for the vast majority of the punishments resulting from criminal offenses. In the OT, incarceration is rarely mentioned apart from the imprisonment of war captives (e.g., Judg. 16:21) and political dissidents. Jeremiah was imprisoned several times for his criticism of the regime (Jer. 32:2; 37:15). Throughout the Bible, prisoners often are guarded by soldiers rather than by professional jailers.
Paul imprisoned Christians prior to his conversion (Acts 8:3), and he himself was imprisoned or placed under arrest several times (e.g., Acts 16:23; 20:23; 24:27; Rom. 16:7). John the Baptist was imprisoned after he criticized Herod (Mark 6:17). Again, in both cases, incarceration was used to silence and segregate someone whose free movement in society threatened political stability rather than to punish a common criminal. In Matt. 5:25–26 Jesus refers to imprisonment for an unspecified reason, though the threat that “you will not get out until you have paid the last penny” suggests that incarceration was a substitute for an unpaid fine or monetary penalty. This recalls Exod. 22:3, which mandates that a thief who could not make financial restitution for theft must be sold (as a slave).
Banishment and cities of refuge. A number of OT passages refer to the “cutting off” of a person from the community. It is not clear whether this language refers to exile or the death penalty; several of the crimes thus punished are known to be capital crimes in other texts.
The law of Num. 35:6–34 establishes six “cities of refuge” among the towns allotted to the Levites. To these cities an unintentional killer could flee from the “avenger of blood,” a relative of the victim, until such time as the case could be adjudicated by the whole community. A killer who was found to have acted unintentionally and without malice could remain in the city of refuge, safe from retribution, until the death of the high priest, at which time the killer was free to return home with impunity.
Trials and Judgments
In biblical times Israel did not have an independent judiciary. Judgments in criminal cases were rendered by local elders (Josh. 20:4), communities (Num. 35:24), monarchs, or other rulers and officials. The judges of the book of Judges were primarily military rulers, though they may have also adjudicated cases as a function of their military and political power (Judg. 4:5). Cases were decided on the basis of eyewitness testimony (Num. 35:30) and, in the case of capital crimes, on the basis of multiple witnesses (Deut. 17:6). In some cases, the Bible provides detailed statutory criteria for making such judgments, as in the discussion in Num. 35:16–28 of the difference between murder and unintentional killing. In some cases, where the determination of guilt or innocence would have been impossible, as in the case of suspected adultery, a verdict could be attained through divination (Num. 5:11–31). As already noted, the judgment of some cases could be affected by the slave status of those involved (Exod. 20:20–21; see also 22:8–9).
The trial and execution of Naboth, though ultimately a subversion of justice of the highest order, offers an insight into the operation of justice in Israel in the monarchic period (1 Kings 21:1–16). Naboth was accused on a trumped-up charge of blasphemy, a capital crime (Exod. 24:16). He was tried by the notables of his city, and on the testimony of two (false) witnesses (Deut. 17:6), he was then stoned to death.
From the standpoint of OT law, the trial and execution of Jesus were complicated by the context of concurrent systems of Jewish and Roman law and government. Like Naboth, Jesus was accused by false witnesses (Matt. 26:60–61). Ultimately, the Sanhedrin determined that because Jesus had blasphemed in its presence by identifying himself as the Messiah and the Son of God, further witness testimony was unnecessary in order to achieve the desired result, the death penalty (Matt. 26:65–66; John 19:7). Ultimately, the Sanhedrin had to involve the Roman governor because it lacked the authority to execute a criminal (John 18:31). By the time Jesus was taken before Pilate, the charge had been changed from a religious one to a political one: Jesus claimed to be the king of the Jews, thus subverting Roman authority (Matt. 26:11–12). Eventually, Pilate tortured and executed Jesus not because he saw merit in the charges but rather to avoid a riot (Matt. 27:24; John 19:4, 12). Luke reports that Jesus also had a trial before Herod Antipas, the ruler to whom Jesus was subject as a Galilean (23:7). Thus, the trial of Jesus in some ways reflects both Jewish and Roman law, but it also involves some purely pragmatic (and legally and morally questionable) actions on the part of both the Sanhedrin and Pilate.