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By Richard A. Bauman

First released in 2004. Routledge is an imprint of Taylor & Francis, an informa corporation.

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Yet rather than recording this as an acquittal he easily recorded the verdicts of every of the 3 periods of indices,17 and while that was once queried he in simple terms extra the evidence of the case. therefore the acquittal, even supposing introduced orally, remained unrecorded, and Servilius stood neither acquitted nor condemned (Cic. Fam. eight. eight. 3). a question arises at this aspect: can we have the whole photograph of the magistrate’s position? Did he rather do not more than supervise the lawsuits and announce and list the decision? The query is brought on by way of an statement of Cicero’s. He says that condemnation is for the jury, the penalty is for the lex (Pro Sulla 63). So firmly used to be the poena legis embedded in concrete that Cicero cites the case of the guy who used to be charged with parricidium, in basic terms to discover that no evidence that he had murdered a father or mother used to be tendered on the trial. yet there has been facts of alternative crimes, and that was once sufficient to safe his conviction as charged, therefore bringing the barbaric penalty for parricidium into operation. the single method to stay away from an outrage, concludes Cicero, is to cajole the jury to acquit (Inv. 2. 58–9). In different phrases, the shadow of the penalty was once in a position to influencing the decision. Cicero made strong use of the means of scary the jury whilst he defended intercourse. Roscius on a cost of parricidium. 18 Now, the purpose is that this: used to be the Justice of the Peace in a position to toughen the message merciless penalty transmitted to the jury? Did he convey anything like a summing-up within which he may possibly steer the jury clear of condemnation—or in the direction of it, for that topic? such a lot investigators could deny the Justice of the Peace a conversing role,19 yet they are flawed. every time Cassius Longinus presided over a quaestio on a homicide cost he pressed the jurors to invite themselves, ‘Cui bono? ’—‘Who benefited via it? ’ (Ascon. p. 39 St). He may have acknowledged this while he was once summing up ahead of the vote, or maybe by means of interjections through the trial. while a similar Cassius Longinus presided over the trial of a few Vestals for unchastity, 25 TRIAL via JURY he allowed circumstantial proof on an unheard of scale, inviting the jury to attract inferences opposed to a few for whose involvement there has been no direct proof. 20 Sallust criticises M. Scaurus for permitting rumour proof on the Mamilian fee (Jug. forty. 4–5); there should have been argument on admissibility and a ruling via Scaurus. additionally, the corruption that destroyed Hostilius Tubulus may possibly have consisted in misdirecting the jury. And at Verres’ trial Cicero accuses the defence of prolonging the case till the recent praetor, M. Metellus, takes over the courtroom; Cicero says he may quite have Metellus balloting as a juror lower than oath than counting the votes of others (Verr. 1. 31–2). Cicero used to be good certified to make this feedback. He admits that once he himself presided over the repetundae courtroom he can have given the historian Licinius Macer a fairer listening to, yet well known favour used to be worthy extra to him than Macer’s gratitude (Att. 1. four. 2). HUMANITAS: the choice CAPITAL PENALTY The legislation lay down that electorate shall now not lose their lives yet might be allowed exile.

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