Ancient Greek and Roman Crime and Punishment

Topics: Athenian democracy, Prosecutor, Lawyer Pages: 3 (811 words) Published: October 12, 2012
CLGreek Definitions:

Nomos| Law; or custom – later adopted to mean “statue” or “written law”| Thesmos| That which is laid down, law, ordinance (Draco’s word)| Graphe| Public suit; permits a third person to bring suit on behalf of another in certain circumstances; also means “writing”| Dike Exoules| Procedure where Athenian law provided a means by which defendant (i.e. a defendant whom a jury found liable for damages) would have to pay an extra fine to the State if he failed to pay the prosecutor.| Eisangelia| Providing charge/accusation for tyranny; “things that were arguably wrong but for which no law existed yet.| Ephesis| Permitting a right of appeal to the popular courts| Nomothetai| “Law givers” – made sure no law before 403/2 BC was valid.| Distributive Justice| Aristotle says, relates to equality. It rewards individuals for the benefits that they confer upon society.| Corrective Justice| Aristotle claims, relates to lawfulness. Judges exercise corrective justice when they punish criminals, award damages…| The Forty| Heard majority of the private cases brought by means of dike.| Dike| Law case, or lawsuit|

Dike Idia| Private case|
Dike Demosia| Public case|
Apagoge| “Dragging away”; summary arrest acceptable in some criminal cases (robbery)| Ephegesis| Volunteer prosecutor leads the magistrate to the defendant for arrest.| Endeixis| The volunteer prosecutor first explains the charge to the magistrate and is then authorized to make the arrest.| Apographe| “Written list”: catalogue of some or all the property of a man in debt to the State.| Probole| A preliminary hearing at the Ekklesia regarding official misconduct| Dokimasia| A hearing where candidate might be disqualified from citizenship, public office, or speaking in the assembly (Ekklesia).| Euthynai| Review of performance in public office.|

Sui Generis| Cases involving homicide|
Synegroi| “Supporting speakers” or public...
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