Reply To: Murdaugh Verdict – Circumstantial Evidence without Motive

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There is an idea of kipa/jail for the cases where beis din is sure of the offense but does not have required eidus. I don’t know how prevalent this was. Also, don’t know what it continued into the times when death penalty was abolished. There are also exceptional cases – punishing mosrim/informaers – that endangered whole kahal. One process was for the kahal to appoint one shaliach who then deals with the methods and participants of the execution and hiding the body to isolate the kahal from government retaliation (not always successfully).