From a purely legal perspective in Halacha, one cannot be convicted in a criminal matter based on his own implication. Moreover, the standard death penalty is never carried out when there aren’t two witnesses who warned the accused immediately prior to the act. However, if the court is convinced beyond all reasonable doubt that the accused did indeed murder the victim and is a menace to society, there is a legal means of ‘doing away’ with him without carrying out the standard death penalty.
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