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San Diego attorney Dan Williams, a former prosecutor who won a death sentence against convicted killer David Lucas, said he thinks juries in death cases hold prosecutors to a higher standard than they otherwise might. While they're willing to impose the death penalty if the facts call for it, these juries won't tolerate any sloppiness or ambiguity with the prosecution's case, Williams said.

The Biblical Standard.

One witness shall not rise up against a man for any iniquity, or for any sin, in any sin that he sinneth: at the mouth of two witnesses, or at the mouth of three witnesses, shall the matter be established.

If a false witness rise up against any man to testify against him that which is wrong; Then both the men, between whom the controversy is, shall stand before the LORD, before the priests and the judges, which shall be in those days; And the judges shall make diligent inquisition: and, behold, if the witness be a false witness, and hath testified falsely against his brother; Then shall ye do unto him, as he had thought to have done unto his brother:

so shalt thou put the evil away from among you. And those which remain shall hear, and fear, and shall henceforth commit no more any such evil among you. (Deuteronomy 19: 15-20)

After 3,000 years...
The wisdom of the Old Republic still sounds true...

While I agree with you that the Biblical standards you presented are required, I have wondered whether they require actual, eye witnesses.

In other words, does the presence of a rapist's DNA, properly tested and testified to by an expert witness meet the Biblical standard of "witness"? Likewise, does the presence of fibers from a murder victim's clothing, discovered in the automobile trunk of the alleged murderer, and properly tested and testified to by an expert witness qualify as a Biblical "witness"? Same for fingerprints, and other scientifically valid forensic evidence.

I am inclined to say that this type of scientific evidence does qualify as meeting that Scriptural standard, but recognizing that these tests did not exist in Moses' day I am disinclined to be more definitive in my answer. For example, I do not know whether I could vote for the death penalty in a case that hinged entirely on this type of evidence without supporting eye witness testimony. I do believe that I could find a person guilty, and sentence them to life without parole, but don't know if I could actually vote to have that person executed.

Your thoughts? (Or better yet, Scripture that I may have overlooked.)