The mishna continues: The mitzva to establish
a Sanhedrin with the authority to administer capital punishments
is in effect both
in Eretz Yisrael
and outside Eretz Yisrael.
A Sanhedrin that executes a transgressor
once in seven years is characterized as
a destructive tribunal. Since the Sanhedrin would subject the testimony to exacting scrutiny, it was extremely rare for a defendant to be executed.
Rabbi Elazar ben Azarya says: This categorization applies to a Sanhedrin that executes a transgressor
once in seventy years. Rabbi Tarfon and Rabbi Akiva say: If we had been members
of the Sanhedrin, we would have conducted trials in a manner whereby
no person would have ever been executed. Rabban Shimon ben Gamliel says: In adopting that approach,
they too would
increase the number of
murderers among the Jewish people. The death penalty would lose its deterrent value, as all potential murderers would know that no one is ever executed.
[Mishnah Makkot 2]