EVIDENCE: Rule of Evidence in an Unobserved Murder (Helaman 7:10; 8:27; 9:10)

Ed J. Pinegar, Richard J. Allen

On his garden tower, Nephi prophesies the secret murder of the chief judge, Seezoram, by Seezoram’s brother, Seantum. The facts eventually attest to Nephi’s inspiration in the matter, but Seantum’s trial brings up some fascinating issues of Israelite (and therefore Nephite) law. Under the law of Moses, unwitnessed murders posed great difficulties because in order for a suspect to be convicted, every fact had to be backed by the testimony of two witnesses. In fact, if a murderer could not be found after an unwitnessed slaying, all of the men in the village had to be purified, and solemn rituals and oaths of innocence were required (see Deuteronomy 21:1–9). Even Seantum’s confession to the murder would not generally be accepted in a court of law, as the Talmud forbids a man being put to death by his own testimony. However, the law does include specific exceptions for convicting someone based on a confession, all of which Seantum’s case meets. First of all, the confession must occur before trial—as Seantum’s did—rather than during it. Second, the suspect’s testimony against himself must be corroborated, as by casting lots or by divine inspiration, which requirement Nephi’s prophecy fulfilled. Third, physical evidence of the crime must be provided, as in the blood found on Seantum’s cloak. (See Echoes, 361–364.)

Commentaries and Insights on the Book of Mormon, Vol. 2

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