Roman Law and Crime

Question 1

What did the romans use their criminal justice system to justify?

Answer 1

Their imperialistic practices as they took great pride in their law

Question 2

What were the components of crime in the roman world?

Answer 2

Brigandage, negligence and extortion of elite, and the twelve tables and theodosian code as evidence

Question 3

What did law and crime look like under Augustus?

Answer 3

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

Question 4

What is the earliest law code?

Answer 4

Twelve Tables, however it is fragmentary

Question 5

What is the earliest surviving law code?

Answer 5

Theodosian Code

Question 6

What is the key difference between both law codes?

Answer 6

The Theodosian Code was put to use during the reign of Christian emperors in Rome, and the Twelve Tables details appropriate punishment for crimes

Question 7

What evidence of brigandage is there?

Answer 7

Poems, historical works, legal manuals, medical textbooks, tombstones, and papyri - everything inscribed with fear of being robbed by bandits or pirates

Question 7

What is brigandage?

Answer 7

Uniquely roman crime - the act and use of violence to rob or raid on land and sea: common in escaped slaves and established criminals

Question 7

What is iniuria?

Answer 7

Assault and battery, but was a delict until 80 BCE

Question 7

What are quaestiones?

Answer 7

Special judicial inquiries set up by the senate

Question 8

When were permanent jury courts instituted and what were they called?

Answer 8

Mid-second century BCE - quaestiones perpetuae (permanent jury courts) and sometimes public iudicia (public courts)

Question 9

What is cognitio?

Answer 9

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

Question 10

During the republican era, what was the court mostly used for?

Answer 10

Political battles and personal vendetta

Question 11

What were aediles?

Answer 11

“Policing officials” that would supervise public markets and baths, exercise coercive power, and would carry out prosecution before assemblies

Question 12

How are aediles different than modern police?

Answer 12

They would put on public games and oversee public construction and repair

Question 13

What were the tresviri capitales?

Answer 13

Three magistrates that would supervise the city’s prison, carry out executions, and round up escaped slaves

Question 14

What were the vigiles?

Answer 14

Policing body established by Augustus with the purpose of preventing and controlling fires

Question 15

What were the praetorian guard?

Answer 15

Policing body with the purpose of repressing riots and persecution of Christians`

Question 16

What were the architectural choices for protection?

Answer 16

Houses in Ostia and Pompeii suggest wealthy families had high walls and very few - if any - windows on the ground floor

Question 17

What is flagitatio?

Answer 17

Shouting/heckling in order to demand return of property - used public shame as a tactic

Question 18

What evidence of criminal activity is there?

Answer 18

Crime reports detailing murder, rape, assault, rioting, theft, willful damage to property, and brigandage (they only detail the allegations, not the dispute of allegations)

Question 19

What two components of crime developed dramatically under Augustus?

Answer 19

Political misconduct like treason and extortion

Question 20

Was roman law in a constant state of change and development?

Answer 20

YES

Question 21

What is delicta?

Answer 21

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

Question 22

What evolved to be the primary body to hear criminal cases?

Answer 22

The senate, and sometimes magistrates or the emperor

Question 23

What were delatores?

Answer 23

Those that abused the courts for personal gain

Question 24

What was one’s experience in the court determined by?

Answer 24

Their affluence and wealth determined treatment and legal representation in court

Question 25

What were the two main military bodies?

Answer 25

Praetorian guard and urban cohorts that were routinely stationed at public events

Question 26

Why were stationarii established and what was their purpose?

Answer 26

The tension between policing forces and civilians - they were designed to maintain order

Question 27

How would the lower-class protect themselves?

Answer 27

They would board up windows

Question 28

What evidence of the victims rights is there and what does it allow them?

Answer 28

Allows them to fight back, the Twelve Tables allowing intruders to be killed at nightime by residents

Question 29

What is squalor?

Answer 29

A component of flagitatio where the victim would publicly appear dishevelled to elicit guilt