Posts: 7,668
Threads: 117
Joined: Apr 2005
Reputation:
0
I'm looking for leads into the way an accused man would seek out an attorney to defend him. Suppose a person were accused of a theft. It seems reasonable that the owner of the stolen goods would go to a magistrate of one sort or another, make the accusation, and if the judge agreed, the accused would be arrested and tried. How would that person get representation? What's a good, not-too-scholarly source for trial proceedings?
M. Demetrius Abicio
(David Wills)
Saepe veritas est dura.
Posts: 317
Threads: 19
Joined: Aug 2011
Reputation:
6
I've written a nice, long post about this, then it somehow didn't get posted.
Base line: representation is not necessarily required. The advocatus, the "lawyer" is not a part of the trial, only a correspondent and a spokesperson. In the ius civile, which was operative before the late republic, you couldn't even have advocati. Also, you have to get one, if you want one.
Good sources are textbooks about roman law, but then you still have to put the pieces together.
Mark - Legio Leonum Valentiniani
Posts: 7,668
Threads: 117
Joined: Apr 2005
Reputation:
0
I've had that happen, too. If I know I have a lot to say, I'll type it in a text editor and cut and paste. The new software doesn't always like that, either, but if you post a line, submit, then edit the copied info in, it seems to get past the spam filter. :dizzy:
I'm aware the accused (who likely would be a prisoner by the time of the trial) was not automatically provided with legal assistance as he would be today. But one could be hired, right? I wasn't really clear, though, this time period would be in the middle of the 1st C AD, under Tiberias' rule.
M. Demetrius Abicio
(David Wills)
Saepe veritas est dura.
Posts: 317
Threads: 19
Joined: Aug 2011
Reputation:
6
Mid-1st century, one could be hired. If you would like any more info in roman law, I can help, I'ves studied it, and even have my textbook in my lap 
The big problem with roman law, is that it changed a lot, so we always have to designate the correct period we are interested in.
Mark - Legio Leonum Valentiniani
Posts: 1,973
Threads: 40
Joined: Mar 2011
Reputation:
101
Here are some books you could try:
Richard A. Bauman, Crime and Punishment in Ancient Rome, London: Routledge, 1996
J. A. Crook, Legal Advocacy in the Roman World, Ithaca: Cornell U. P., 1995
Jill Harries, Law and Crime in the Roman World, Cambridge: Cambridge U. P., 2007
O. F. Robinson, The Criminal Law of Ancient Rome, Baltimore: Johns Hopkins U. P., 1995
O. F. Robinson, Penal Practice and Penal Policy in Ancient Rome, Abingdon: Routledge, 2007
Michael King Macdona
And do as adversaries do in law, -
Strive mightily, but eat and drink as friends.
(The Taming of the Shrew: Act 1, Scene 2)
Posts: 1,973
Threads: 40
Joined: Mar 2011
Reputation:
101
And another, specifically on your period:
Robert Samuel Rogers, Criminal Trials and Criminal Legislation under Tiberius, Middletown, Conn.: American Philological Association, 1935
Michael King Macdona
And do as adversaries do in law, -
Strive mightily, but eat and drink as friends.
(The Taming of the Shrew: Act 1, Scene 2)
Posts: 7,668
Threads: 117
Joined: Apr 2005
Reputation:
0
I found a used one on Amazon for a decent price. I don't mind if someone else has highlighted -- saves me the trouble.
M. Demetrius Abicio
(David Wills)
Saepe veritas est dura.
Posts: 1,973
Threads: 40
Joined: Mar 2011
Reputation:
101
There is also:
A. H. M. Jones, The Criminal Courts of the Roman Republic and Principate, Oxford: Blackwell, 1972
Michael King Macdona
And do as adversaries do in law, -
Strive mightily, but eat and drink as friends.
(The Taming of the Shrew: Act 1, Scene 2)
|
