We often hear people complain about the idea of legal discipline and vengeance as it is presented in the Bible. Many times I have heard people suggest that the legal system under the Old Testament was harsh. Just look at all the killing! And what's this "eye for an eye" thing?
Of course, the "eye for an eye" described to a property owner how careful he had to be with his livestock and personnel because if they should harm someone else he should have the same harm inflicted upon himself, showing that the lives and well-being of others is very important. But that's not in this passage. This passage in Deuteronomy talks about the death penalty.
Observe that evidence needs to be marshalled. Circumstantial evidence will not do. You need eyewitnesses to a serious crime. You cannot convict someone on the basis of one witness. Two or better three witnesses are required. It is unacceptable to have witnesses who disagree. They need to be able to tell what happened and show that they actually saw it. These witnesses appear before multiple judges. The trials are open to all. And if someone is to be put to death, the witnesses are the first to begin the execution. The rest of the community participates as well.
This is no arbitrary or bloodthirsty process. It follows the rules of law. It involves everyone in protecting the defendant. When it is clear the defendant cannot be protected, he is executed, but everyone has to participate. It's a terrible thing with a strong deterrent factor. We do not want to die, and we especially don't want our family and friends to have to kill us.
How does this type of penalty differ from the surrounding culture of the day? If someone was accused of wrongdoing an avenger could go kill him. End of story. If a king, judge, or other powerful leader wanted someone dead, he could have that person executed. End of story. There were no requirements for testimony, no requirements for eyewitnesses, no opportunities for appeal. The Biblical mandates are very kind and gentle.
Our Lord values truth, justice, and redemption. Did people commit crimes and then live due to lack of witnesses? No doubt. How have we committed crimes and sins against our Lord and Savior? Yet we live because he took on our sin, becoming sin for us, becoming a curse in our place. We are all condemned. We have three eyewitnesses - Father, Son, and Holy Spirit. We deserve nothing but death. Instead our Lord has lavished life and salvation on us by his grace through the faith he imparts to us. Thanks be to God for his wonderful gifts.
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