Barry Epstein asked:
In a capital case, the most eminent judge speaks last, for fear the others are unlikely to disagree with him.
In a monetary case, the most eminent judge speaks first. But human nature would argue that here too the others would not want to disagree with him. So why does he goes first?
Barry Epstein, Dallas, USA
The Kollel replies:
Each judge is required to speak his mind, and we are not actually worried that a judge will withhold his opinion.
However, in capital cases, we are enjoined by the Torah to take all possible extra precautions to ensure that the defendant receives a fair trial. This principle is seen throughout Maseches Sanhedrin.
D. Zupnik