Roman Law and Crime Flashcards
What did the romans use their criminal justice system to justify?
Their imperialistic practices as they took great pride in their law
What were the components of crime in the roman world?
Brigandage, negligence and extortion of elite, and the twelve tables and theodosian code as evidence
What did law and crime look like under Augustus?
New legal rules - decisions and orders of emperors called placita, senatorial decrees, and interpretations offered by legal experts
- Brutal executions reached a high under Augustus (crucifixions or thrown to wild beasts) as public punishment would reassert dominance of the state
What is the earliest law code?
Twelve Tables, however it is fragmentary
What is the earliest surviving law code?
Theodosian Code
What is the key difference between both law codes?
The Theodosian Code was put to use during the reign of Christian emperors in Rome, and the Twelve Tables details appropriate punishment for crimes
What evidence of brigandage is there?
Poems, historical works, legal manuals, medical textbooks, tombstones, and papyri - everything inscribed with fear of being robbed by bandits or pirates
What is brigandage?
Uniquely roman crime - the act and use of violence to rob or raid on land and sea: common in escaped slaves and established criminals
What is iniuria?
Assault and battery, but was a delict until 80 BCE
What are quaestiones?
Special judicial inquiries set up by the senate
When were permanent jury courts instituted and what were they called?
Mid-second century BCE - quaestiones perpetuae (permanent jury courts) and sometimes public iudicia (public courts)
What is cognitio?
Latin word for inquiry, which an emperor or magistrates could put to use to hear legal cases, however they were not always the most knowledgeable
During the republican era, what was the court mostly used for?
Political battles and personal vendetta
What were aediles?
“Policing officials” that would supervise public markets and baths, exercise coercive power, and would carry out prosecution before assemblies
How are aediles different than modern police?
They would put on public games and oversee public construction and repair
What were the tresviri capitales?
Three magistrates that would supervise the city’s prison, carry out executions, and round up escaped slaves
What were the vigiles?
Policing body established by Augustus with the purpose of preventing and controlling fires
What were the praetorian guard?
Policing body with the purpose of repressing riots and persecution of Christians`
What were the architectural choices for protection?
Houses in Ostia and Pompeii suggest wealthy families had high walls and very few - if any - windows on the ground floor
What is flagitatio?
Shouting/heckling in order to demand return of property - used public shame as a tactic
What evidence of criminal activity is there?
Crime reports detailing murder, rape, assault, rioting, theft, willful damage to property, and brigandage (they only detail the allegations, not the dispute of allegations)
What two components of crime developed dramatically under Augustus?
Political misconduct like treason and extortion
Was roman law in a constant state of change and development?
YES
What is delicta?
Second category of crime covering misdemeanours against people and property - charges were only laid by victim or their family, and upon guilt charges would be paid to the plaintiff
