Can A Witness Be Trusted If He Can’t Be Cross-Examined?


Vincent Bugliosi wrote a e book in 2011 entitled, Divinity of Doubt: The God Query. He raised a lot of objections for theists and atheists alike, however one specific concern is worthy of our response as Christian Case Makers. Bugliosi appropriately acknowledged that the eyewitness accounts supplied within the New Testomony gospels wouldn’t be allowed right into a court docket of regulation right this moment. When a witness to an occasion dies, we lose the testimony of this eyewitness, despite the fact that his observations could have been written down on the time of the unique occasion or investigation. With only a few exceptions (for very restricted sorts of statements in very restricted sorts of situations), witnesses should be capable of seem in court docket for his or her testimony to be accepted as a part of a felony case. Why? As a result of defendants have the correct to cross-examine witnesses to show any potential malice or error on the a part of the witness. This skill to cross-examine is a valuable and guarded proper in our nation, and it should be. Because the authentic authors of the gospels can’t be referred to as as witnesses and can’t be cross-examined, their testimony wouldn’t be allowed to enter the case for Christianity if it had been to be tried in a court docket of regulation right this moment.

Bugliosi appears to argue that the gospels, since they fail to satisfy the usual for felony instances, shouldn’t be thought of for his or her evidential worth when analyzing the Christian claims associated to the First Century. However there are a number of explanation why this courtroom normal is clearly unreasonable when utilized to historic data. We’ve a a lot larger normal in felony courts than we should require for historic accounts. As a tradition, we would like to permit 100 responsible folks get away with against the law than falsely convict one harmless individual. We lean on this course for a cause; we need to defend the rights of our residents in any respect prices. However the usual that protects residents would additionally get rid of all the pieces we find out about historical past if it was utilized to the data we have now from antiquity.

In reality, if we required a residing, “cross-examinable” eyewitness earlier than being keen to simply accept a declare in regards to the previous, we must reject each declare of historical past! Why ought to we belief the traditional claims of Herodotus, Thucydides, Ptolemy or Julius Caesar? Why ought to we belief more moderen historic data like these of Corrie Ten Growth? For that matter, why ought to we even belief what we find out about our personal private household historical past? A lot of what we all know was handed down from people who find themselves now not out there for cross-examination! The courtroom normal, designed to favor defendants exceedingly, is way too excessive a regular for historic accounts. This normal would make it unimaginable to belief something we find out about historical past.

Vincent Bugliosi was additionally concerned in an vital historic occasion; he was the prosecutor within the Charles Manson homicide trial in 1970. Manson led a gaggle of followers who dedicated a number of horrific murders within the late 1960’s. Bugliosi tried the case and relied closely on an eyewitness named Linda Kasabian. Kasabian was a part of Manson’s sect of followers however didn’t take part within the murders instantly. Her testimony was essential to the trial. However let’s fast-forward to 2070, 100 years after the trial. Why ought to we belief something that Kasabian needed to say about Manson? Why ought to we belief that the 100 12 months outdated court docket file is correct? How can we make certain that somebody didn’t alter the file of the trial? How can we make certain that the right questions had been requested throughout cross-examination or that some essential element wasn’t missed? Nobody from the unique occasions (or the trial that adopted them) can be alive to inform us something; nobody can be out there for cross-examination.

If, within the 12 months 2070, Bugliosi utilized the identical excessive normal he requires of the gospel accounts to the data of his personal well-known trial, he can be hard-pressed to belief the reality of his personal private historical past. If we’re ready to reject any declare in regards to the previous for which we don’t have a residing “cross-examinable” eyewitness, we had higher be able to jettison all of historical past, together with all of the historical past surrounding the Manson case. The felony normal right here is excessively excessive. Whereas it’d aggressively defend the rights of a defendant, it will unnecessarily disqualify correct accounts from the previous. We merely should do our greatest to determine the reliability of historic eyewitness accounts, with out rejecting them out of hand as soon as the unique eyewitnesses are now not out there to us. There may be a lot we are able to study eyewitness reliability from the courtroom (I’ve tried to debate this course of in my e book). If we are able to set up the reliability of the gospel writers, we are able to belief what they need to say about Jesus, despite the fact that they’re now not out there for cross-examination.

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If we are able to set up the reliability of the gospel writers, we are able to belief what they need to say about Jesus, despite the fact that they’re now not out there for cross-examination. Share on XCold Case ChristianityCold Case Christianity

For extra details about the reliability of the New Testomony gospels and the case for Christianity, please learn Chilly-Case Christianity: A Murder Detective Investigates the Claims of the Gospels. This e book teaches readers ten rules of cold-case investigations and applies these methods to research the claims of the gospel authors. The e book is accompanied by an eight-session Chilly-Case Christianity DVD Set (and Participant’s Information) to assist people or small teams look at the proof and make the case.



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