Dead Man Walking

dead man walking.jpeg

“Dean Man Walking” is a phrase referencing the person sentenced to death at the time they are removed from their cell and walking to the death chamber. That person is referred to as a “dead man walking” because he is literally walking to his death. 

That phrase can be used to describe Jesus’ last twelve hours as a human on this earth. It can arguably be used for His entire life on this earth because His death on the cross was the purpose of His coming to earth and the inevitable ending to His time on earth. 

Justice

The trial of Jesus has fascinated me as a lawyer. I represented a lot of people accused of crimes in Alabama, a few who faced the death penalty. My experience taught me long ago to refrain from calling our system a “justice system.” We have a system of laws – a legal system – but it’s not justice. Any system ran by humans will be flawed. God, though, is a God of justice. Thankfully, His justice is tempered by mercy. (Micah 6:8) Justice is a recurring theme in the Bible and it will be rendered, whether in this life or the next. The injustice of Jesus’ trial and execution is amplified in light of God’s call for justice and mercy. And, it was God’s people who committed such an egregious act of injustice.

Attorney’s View Of Jesus’ Trial

As an attorney, the trial of Jesus has fascinated me. Jesus was arrested and executed in about a 12 hour time frame. How did that happen? In modern times in Alabama, a death penalty case can take from 18 months to 4 years or longer from arrest to conviction. Execution takes years, usually 15 years or longer. I realize times are different, but how does someone go from arrest to death on a cross in such a short amount of time, even in ancient times? 

Power Disruption

It took a group of people determined that Jesus should die. Jesus disrupted the hierarchy and threatened the power and authority of the ruling class. He said last should be first, taking aim at those who valued more their elevated position in society than the people in need of help, those whom they were supposed to serve. He valued the oppressed, poor, and outcast. His attention to those marginalized in society gave them a sense of worth that, in their eyes, elevated them in society. Their elevated self-worth and value posed a threat to the power equilibrium. Jesus put a spotlight on those most in need of physical and spiritual healing. He also put a spotlight on the hypocrisy of the legalistic religious leaders. 

Who Is This Jesus?

Jesus, in the eyes of the religious leaders and the people, was on the class level of the everyday person – maybe even lower since He was from Galilee. He was not formally educated in religious matters and was not part of their upper-class circle. The rulers scoffed at the fact He was not religiously trained. (read John 7) The fact that there was this man, not part of their inner circle, who was speaking with Authority in religious matters, challenging their legalistic rules and resulting hypocrisy, and gaining followers, threatened their choke hold on power. John wrote that the people began questioning the authorities, “Can it be that the authorities really know that this is the Christ?” (Jn 7:26).People in power want to hold on to that power. Jesus was a threat to their power. The threat had to be removed. There was only one solution: Take. Him. Out. 

Jewish Criminal Procedure In Ancient Times

Jewish criminal procedure in ancient times had clear rules. The most stringent rules, though, were for crimes that could result in the death penalty. At Jesus’ time, the Jewish leaders were no longer able to execute someone, only the Roman government could do that. Further, the Roman law didn’t care about violations of religious codes, only violations of Roman law. So, if the Jewish leaders needed someone executed for violation of the religious law, they would have to identify a violation of Roman law that was a capital offense. For Jesus, the accusation that invoked the death penalty in Rome was insurrection.

Jesus’ Trial

Before He was taken to Roman authorities, He had to stand trial in a Jewish court. Ancient Jewish criminal procedure, though, had particular requirements. Trial had to be during the day. Jesus’ first trial has been estimated to have taken place around 1:00 am. It was at least before sunrise. There was another trial or at least a formal meeting of the council (the judges) after sunrise to do a formal pronouncement of judgment so they could be in compliance with their rules.  (Mt 27:1)

Eye Witnesses

Ancient Jewish criminal procedure required there to be at least two eye-witnesses who corroborated each other. The testimony of the witnesses could not be based on hearsay, they had to have observed the crime with their own eyes. Further, their rendition of the major and minor facts had to be identical. If they were not identical, the tribunal could not convict. 

Matthew wrote that “many false witnesses came forward.” (Mt 26:60). Apparently, none of their stories corroborated one another. I’ve had jury trials where there were multiple alleged victims. It became very clear during trial that their allegations were false. As I questioned them, the holes in their stories were obvious. They had also failed to get their stories straight before trial. The jury acquitted. Had the stakes not been so high for my client, I would have found humor in the scene that was unfolding in the courtroom as each of the three witnesses testified and contradicted one another. 

Inconsistent Testimony

I imagine the scene in Matthew 26:60 unfolding similar to my trial with the three alleged victims, as witness after witness came forward, but nothing stuck. The witnesses didn’t get their stories straight before testifying. I imagine the room of scribes and elders, the “judges” (there would have been about 23 of them) all shaking their heads in frustration, getting angry, and getting desperate to find just 2 witnesses who would corroborate one another so they could impose the death penalty. 

Finally, two come forward, corroborating one another, to say that Jesus said He could destroy God’s temple and rebuild it in 3 days. (Mt 26:61). 

Same Day Decision

Interestingly, in death penalty cases, the court was prohibited from making a decision on the same day as trial. They were required to recess court and reconvene the next day. This was required to give judges more time to think about the case and possibly change their mind from conviction to acquittal. They could not change their mind from acquittal to conviction, though. Furthermore, because of this requirement to withhold judgment until the next day, they were not supposed to start a trial on the day before Sabbath. Jesus’ trial was held the day before Sabbath.

Pronouncement Of Death

When the two witnesses testified, Jesus was asked for his response to their allegations. Upon Jesus’ response, the high priest said, “You have heard his blasphemy. What is your judgment”? (Mt 26:65-66). Without waiting any time, more importantly not waiting overnight as required, they answered, “He deserves death.” 

Hypocrisy

The high priest, elders, and scribes (the council who were Jesus’ judges) violated their own rules. They had an agenda. It didn’t matter that they violated their own rules, neither did their own hypocrisy. They had an agenda and they were determined to execute Jesus. In their eyes, He was a dead man walking from the moment of arrest.

Jesus’ Experience As Human

Jesus was fully human when He was on this earth. He endured the betrayal of a friend; he felt the loneliness that comes from friends who didn’t understand what He was dealing with and who couldn’t even stay awake to help Him when He needed them most. He knew, from a fully human perspective, what it felt like to be falsely accused and lied about. He was on the receiving end of hypocrisy, to the point of death.

Time and again the Pharisees condemned Jesus for healing on the Sabbath, for violating their very strict rules related to the Sabbath. Yet, they violated their very strict rules for imposing the death penalty, solely to execute Jesus. They had an agenda and rushed to judgment. And, their judgment was tainted by their own agenda and interests in maintaining power and authority. 

They incited people against Jesus. They threatened people with expulsion from the Temple, and thus their community, if they celebrated Jesus. (John 9) They stirred the masses against Jesus when Pilate gave the community the choice between releasing Jesus or Barabbas. Jesus was taken away and nailed to the cross around 9:00a.m. Friday.

Jesus Endured

But Jesus endured. He went to the cross to free us from the anger, depression, loneliness, hatred, disappointment, heartbreak, and all other thoughts and emotions that would bring us down and consume us. He knows what it’s like to feel all of those things, because He felt them as a human on this earth. It’s often said the best person to help you through a tough situation is someone who has been through that before. That’s Jesus. 

Jesus Understands Us

Jesus can relate to us in so many ways. The current state of our society is full of lies, hypocrisy, false allegations, fears, loneliness, division, jealousy, heartbreak, and leaders concerned about their own power than the people they serve. People will let us down. Our government and institutions will let us down. Jesus never will.  He said in John 8:36, “So if the Son sets you free, you will be free indeed.” The Son, the fully human person who endured on earth all that we endure; who felt the kind of pain that radiates from the inside out. He took all of that and then endured the physical 

It’s Friday, But Sunday’s On The Way!

This dead man walking didn’t stay dead. He endured the pain of the execution. He died around 3:00pm Friday, a little more than twelve hours after He was arrested. He was buried. But death couldn’t keep Him. Three days later He arose.

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