orality. Humans may rejoice over the death of the wicked, but that is not how the Almighty sees it. Rather, a human death is at best a necessary evil, and is never something to rejoice over. The ethics of the Mishnah are still somewhat Draconian; so they are mitigated by the Gemara. This is probably a major reason for creation of the precept that the Mishnah is not to be interpreted as if there were no Gemara.
The Mishnah (Sanhedrin 16a-b, 32a) provides that capital cases must be tried by 23 judges, and that of these a minimum of 13 must find the defendant guilty before a death sentence can be imposed. There is also a long passage (41a-42a) on how to examine and cross-examine witnesses, and on what kinds of testimony to accept or reject. Further, it is provided that a person may be found innocent and released on the same day, but if he or she
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