Cases like the Durham Rape case illustrate how broken our system of government really can be at times. As La Shawn Barber has done an excellent job of showing, the prosecutor, Mike Nifong, is an out of control rogue who lusts after self-aggrandizement, not justice. The latest breaking news on the case, that the private lab that did some of the initial screening agreed with him to not release evidence that might help the Lacross players, is only a another example of this.
At times like this, I'm sympathetic to the idea of bringing back parts of the Mosaic Law that might provide clear benefits to our country, such as this section, which would provide a powerful incentive for people to be truthful and seek justice in felony cases:
16 If a malicious witness takes the stand to accuse a man of a crime, 17 the two men involved in the dispute must stand in the presence of the LORD before the priests and the judges who are in office at the time. 18 The judges must make a thorough investigation, and if the witness proves to be a liar, giving false testimony against his brother, 19 then do to him as he intended to do to his brother. You must purge the evil from among you. 20 The rest of the people will hear of this and be afraid, and never again will such an evil thing be done among you.
-Deuteronomy 19:16-20
This is not quite the same as eye-for-an-eye. The important difference is that the Mosaic Law, unlike American law, recognizes the fact that there are evil people who will try to use the courts of law as a weapon and provides a clear punishment for them. If you bring false murder charges, did you not intend to have your neighbor, who is innocent, put to death by the government? It's murder by proxy in a case like that, and in a case like this, the accuser, Nifong and the head of the private lab would now be behind bars under the Mosaic Law for the crime of denying justice to innocent people.
I think such a law could easily be adapted for our society, and that it should be adapted sooner rather than later. It should also, contain no loopholes for police or prosecutors and provide equivalent penalties for those government agents who show a willful disregard for the pursuit of justice if the accused turns out to be innocent. In either case, even if they turn out to be guilty, the government agents should by statute lose their job and forfeit all benefits as punishment for the perversion of justice.
American Common Law comes from English Common Law, and English Common Law comes from the Bible. My Jewish cousin taught me that. Shame Sandra D. O'Conner forgot that when she was trying to reference Roman Civil law for "precedence"....