Whether it is lawful for a judge to pronounce judgment against the truth that he knows, on account of evidence to the contrary?
Objections
❌ Objection 1 : It would seem unlawful for a judge to pronounce judgment against the truth that he knows, on account of evidence to the contrary. For it is written (Dt. 17:9): "Thou shalt come to the priests of the Levitical race, and to the judge that shall be at that time; and thou shalt ask of them, and they shall show thee the truth of the judgment." Now sometimes certain things are alleged against the truth, as when something is proved by means of false witnesses. Therefore it is unlawful for a judge to pronounce judgment according to what is alleged and proved in opposition to the truth which he knows.
❌ Objection 2 : Further, in pronouncing judgment a man should conform to the Divine judgment, since "it is the judgment of God" (Dt. 1:17). Now "the judgment of God is according to the truth" (Rm. 2:2), and it was foretold of Christ (Is. 11:3,4): "He shall not judge according to the sight of the eyes, nor reprove according to the hearing of the ears. But He shall judge the poor with justice, and shall reprove with equity for the meek of the earth." Therefore the judge ought not to pronounce judgment according to the evidence before him if it be contrary to what he knows himself.
❌ Objection 3 : Further, the reason why evidence is required in a court of law, is that the judge may have a faithful record of the truth of the matter, wherefore in matters of common knowledge there is no need of judicial procedure, according to 1 Tim. 5:24, "Some men's sins are manifest, going before to judgment." Consequently, if the judge by his personal knowledge is aware of the truth, he should pay no heed to the evidence, but should pronounce sentence according to the truth which he knows.
❌ Objection 4 : Further, the word "conscience" denotes application of knowledge to a matter of action as stated in the FP, Question [79], Article [13]. Now it is a sin to act contrary to one's knowledge. Therefore a judge sins if he pronounces sentence according to the evidence but against his conscience of the truth.