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DEUTERONOMY
CHAPTER 19

1 When the LORD thy God hath cut off the nations, whose land the LORD thy God giveth thee, and thou succeedest them, and dwellest in their cities, and in their houses; 2 Thou shalt separate three cities for thee in the midst of thy land, which the LORD thy God giveth thee to possess it. 3 Thou shalt prepare thee a way, and divide the coasts of thy land, which the LORD thy God giveth thee to inherit, into three parts, that every slayer may flee thither. 4 And this is the case of the slayer, which shall flee thither, that he may live: Whoso killeth his neighbour ignorantly, whom he hated not in time past; 5 As when a man goeth into the wood with his neighbour to hew wood, and his hand fetcheth a stroke with the axe to cut down the tree, and the head slippeth from the helve, and lighteth upon his neighbour, that he die; he shall flee unto one of those cities, and live: 6 Lest the avenger of the blood pursue the slayer, while his heart is hot, and overtake him, because the way is long, and slay him; whereas he was not worthy of death, inasmuch as he hated him not in time past. 7 Wherefore I command thee, saying, Thou shalt separate three cities for thee.

These cities to be set aside are called "cities of refuge." It is God's will that people have a good TRIAL before they are judgment is determined. The person MAY or MAY NOT be proven guilty. But INNOCENCE is presumed until factual proof shows otherwise.
Therefore, the accused should be provided a place of safety until he is justly tried.
(A fella once went to a lawyer and described a problem. The lawyer said, "Oh! Yes! Good case. I'll be glad to take it." The fella said, "No. I won't pursue it. You see, I gave you the OTHER guys side of the story!")
Sometimes the "man-slayer" was only a witness to an accident, and perhaps was wrongly accused.
It is RIGHTEOUS to be sure the facts are obtained and justice is meted properly (verses 4-6).
God's outline here is for the nation to be divided into three sections (judicial areas?), and then central cities to be set aside (verse 7).

8 And if the LORD thy God enlarge thy coast, as he hath sworn unto thy fathers, and give thee all the land which he promised to give unto thy fathers; 9 If thou shalt keep all these commandments to do them, which I command thee this day, to love the LORD thy God, and to walk ever in his ways; then shalt thou add three cities more for thee, beside these three: 10 That innocent blood be not shed in thy land, which the LORD thy God giveth thee for an inheritance, and so blood be upon thee.

If the area of the nation increases, judicial areas should increase proportionally. (By the way, this was the precedent for our own U.S. Judicial System.)

11 But if any man hate his neighbour, and lie in wait for him, and rise up against him, and smite him mortally that he die, and fleeth into one of these cities: 12 Then the elders of his city shall send and fetch him thence, and deliver him into the hand of the avenger of blood, that he may die. 13 Thine eye shall not pity him, but thou shalt put away the guilt of innocent blood from Israel, that it may go well with thee.

Intentional murderers, rightly accused and justly convicted, were not to be kept in prison. They were to be delivered to death immediately (See Ecclesiastes 8:11).
When criminals are not dealt with righteously, the government is saying to the public, "It's all right, you can get away with it."

14 Thou shalt not remove thy neighbour's landmark, which they of old time have set in thine inheritance, which thou shalt inherit in the land that the LORD thy God giveth thee to possess it.

NO CHEATING ON LAND!!

15 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.

One witness is not enough for conviction.

16 If a false witness rise up against any man to testify against him that which is wrong; 17 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; 18 And the judges shall make diligent inquisition: and, behold, if the witness be a false witness, and hath testified falsely against his brother; 19 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. 20 And those which remain shall hear, and fear, and shall henceforth commit no more any such evil among you.

When conflicting testimonies occur, the judges are to diligently search out the matter and yield a determination based on the facts found.
And if a person is found to be a false witness, he should receive immediate punishment commensurate with his crime. The reason for this is stated clearly in verse 20.

21 And thine eye shall not pity; but life shall go for life, eye for eye, tooth for tooth, hand for hand, foot for foot.

Now let us approach this often misquoted verse realizing the context of the previous Scripture.
ONLY after following the previously outlined conditions should sentence be executed.
However, there is no room for MERCY in judgment of criminal acts! Once a person is determined guilty, execution of sentence is to be immediate!
When a criminal has committed wrongful acts he deserves PENALTY, not mercy.
This does NOT mean that he would be sent to death without an opportunity for repentance!
AND it does not mean that those criminals who have committed lesser crimes should not be ministered to by Christians.
But the justice and administrative arms of the government are NOT in the rehabilitating business!
These people who have merciful hearts and disagree with the death penalty or severe judgment should develop a personal ministry to help criminals come to repentance. They should NOT demand legislation which bars severe punishment for severe crimes.
Otherwise, verse 20 would not become a reality. The lack of punishment for criminal acts reduces the fear of being caught.
And the lack of severity in punishment reduces the amount of deterrent to crime.

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