The incident of the woman come to Jerusalem seems to imply there should be capital sentencing without ha'atra, (forewarning of transgression.) Or, how is one to know what error in discernment will be made by neighbor or community when one's actions are known to his or her self to be legitimate?
H David Levine, Roanoke, VA USA
Dear H David,
There cannot be capital sentencing without Hasraa. In the incident there must have been proper warning to her before the act with her son. The Gemara is saying that Beis Din knows they are mother-son because of the Chazaka situation. Being put to death here is not an error. She is guilty unless she proves it not to be so, but until then the Torah decides that she is the mother.
All the best, Reuven Weiner