Sforno on Exodus 23:2/ספורנו על שמות כ״ג:ב׳

1לא תהיה אחרי רבים לרעות, as the tie-breaking vote in a trial involving capital punishment. One cannot declare someone guilty of the death penalty on the basis of a solitary judge. A majority of one would be equivalent to a conviction by a single judge.

2ולא תענה על ריב, when your colleagues the other judges ask your opinion,

3לנטות אחרי רבים, do not be influenced by the fact that the majority thinks differently from you. Assuming that in a trial 10 of the 23 judges had expressed the view that the accused was innocent whereas eleven had expressed the view that the accused was guilty,

4להטות, if you were to cast your vote with the majority there would then be a majority of 2 out of a total of 23 voting guilty, and that decision would have been arrived at by your single vote. You are not allowed to salvage your conscience by voting with the majority unless this represented your absolute conviction. You must explain the reason for your vote. Unless there is a majority of two votes in favour of guilty no one can be convicted of the death penalty.