the early history of delict and crime
TRANSCRIPT
-
8/13/2019 The Early History of Delict and Crime
1/23
The Early History of Delict andCrimeANCIENT LAW
-
8/13/2019 The Early History of Delict and Crime
2/23
The Early History of Delict and Crime
Pre Criminal Law Stage Wrongs, Torts and Sins Transformation to Criminal Law Stage
Formation of Bill of Pains and Penalty Trial by delegated Commissions (on Distinct Crimes) Trial by periodically-made Commissions (on expected Distinct Crimes) Trial by Permanent Commissions Changing nature of the Popular Assembly
Completion of Criminal Law Stage
-
8/13/2019 The Early History of Delict and Crime
3/23
-
8/13/2019 The Early History of Delict and Crime
4/23
-
8/13/2019 The Early History of Delict and Crime
5/23
Crimes (Crimina) and Wrongs (Delicta)
ANCIENT COMMUNITIES NO Penal Laws, Law of Crim ONLY Torts, Law of Wrongs
Immense System of Compensation ( Laws of Germanic Tribes ) Sometimes use for income gain
Person injured proceeds against the wrong-doer by an ordinary civiaction, and recovers compensation in the shape of money-damageshe succeeds.
-
8/13/2019 The Early History of Delict and Crime
6/23
Sins
ATHENS (Senate of Areopagus) special religious code
ROME the Pontifical jurisprudence punishe
adultery, sacrilege and perhapsmurder
-
8/13/2019 The Early History of Delict and Crime
7/23
Formation of Bill of Pains andPenalty
CRIMINAL LAW PERIOD
-
8/13/2019 The Early History of Delict and Crime
8/23
Earliest Conception of Crime
Analogy of a personal wrong: THE STATE AVENGED ITSELF BY A SINGLE ACTION THE INDIVIDU WRONG-DOER
Every offence vitally touching its security or its interests was punishby a separate enactment of the legislature.
wholly extraordinary wholly irregular wholly independent of settled rules and fixed conditions.
-
8/13/2019 The Early History of Delict and Crime
9/23
Legis Actio Sacramenti (Roman Law of Actions)
Oldest form of Roman litigation Plaintiff vs. Defendant
Plaintiff stakes a wager (Sacramentum) Defendant accepts wager Praetor (Representing the State) decides WINNER gets the Sacramentum
State gets a sum of money for renumeration
-
8/13/2019 The Early History of Delict and Crime
10/23
Early Conception of Crime
Guide the measure of vengeance likely to be exacted by an agperson under the circumstances of the case. Thievery (Law of Twelve Tables)
Manifest Theft Non-Manifest Theft
-
8/13/2019 The Early History of Delict and Crime
11/23
Trial by delegated Commissions (onDistinct Crimes)
-
8/13/2019 The Early History of Delict and Crime
12/23
Trial by delegated Commissions (on Distinct Crimes)
Comitia (Popular Assembly) delegated criminal jurisdiction toQuaestio (COMMISSION) Qustio only appointed to try a particular offender Formed when and as state-offences were committed Temporary in nature
-
8/13/2019 The Early History of Delict and Crime
13/23
Trial by periodically-madeCommissions (on expected Distinct
Crimes)
-
8/13/2019 The Early History of Delict and Crime
14/23
Trial by periodically-made Commissions (on expectedDistinct Crimes)
Further development of the Quaestio Formed in chance of certain classes of crimes being committed, an
the expectation that they will be perpetrated Temporary in nature still
-
8/13/2019 The Early History of Delict and Crime
15/23
Trial by Permanent Commissions
-
8/13/2019 The Early History of Delict and Crime
16/23
Trial by Permanent Commissions Permanent Benches or Chambers Akin to modern Court of Law Commission directed to be chosen through all future time
particular way and from a particular class and when certain adescribed in general language and declared to be crimes, to be visin the event of their perpetration, with specified penappropriated to each description .
-
8/13/2019 The Early History of Delict and Crime
17/23
-
8/13/2019 The Early History of Delict and Crime
18/23
The Comitia and the Qustiones
DISAPPEARANCE OF DEATH PENALTY
AND COMPLETION OF CRIMINAL LAW BY THE EMPIRE
-
8/13/2019 The Early History of Delict and Crime
19/23
Disappearance of Death Penalty Dependence of the Qustiones (Commissions) on the Comitia
(Popular Assembly)
COMITIA CENTURIATA - allowed for the capital punishment akone rendered to soldiers.
COMITIA CURIATA - fettered on the sacredness of a Roman citizand shunned from the grave penalties COMITIA TRIBUTA - imposed fines only against those make off
-
8/13/2019 The Early History of Delict and Crime
20/23
Disappearance of Death Penalty COMITIA TRIBUTA (Assembly of Tribes)
Could not impose the penalty of death
Community neither feels that it is sufficiently revenged oncriminal, nor thinks that the example of his punishment is adequatdeter others from imitating him.
Ended with the days of the Republic .
-
8/13/2019 The Early History of Delict and Crime
21/23
Completion of Criminal Law
EMPIRES PROJECT
-
8/13/2019 The Early History of Delict and Crime
22/23
Permanent Qustiones by Emperor Augustus Tolerably complete criminal law Converted WRONGS to CRIMES But did not remove civil remedies
Except for crimina extraordinaria
REPUBLICAN ROME which served incompetent in enfcriminal justice having a collective community to avenge wrongs
IMPERIAL ROME which monopolized violence as a Sovrepresentative of its people to punish crimes.
-
8/13/2019 The Early History of Delict and Crime
23/23