LS235 Lecture Notes - Lecture 8: Due Process, Homicide, Codex Theodosianus
31 Oct 2016
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Document Summary
Criminal cases are originally held by centuriate/tribal assembly. Trial is typically by jury and there are usually 50 jurors to try a governor. The jury is selected from a pool, or college. A civil case is a formal summons to court. There is a preliminary hearing before a praetor and trial by judge. In minor cases, out-of-court settlements are by arbitrator. There are 30 days to pay a penalty. Lawyer was originally a non-legal profession and it was not cheap. The fees were limited to 10, 000 sesterces and paid in cash, property or grain. Both sides pay court fees, but the loser forfeits his fees. No privileges of rank or class are excluded. The accused had one year to appear in court or will forfeit all of their property for contempt of court. Justice should not be delayed, nor should it be too swift or based on emotional responses.
