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| 12 jurors, 6 from upper Nile; 6 from lower Nile |
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| Anicent Countries who have Juries |
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| Maecenia, Roman Empire, Jerusalem. |
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| Purpose of Ancient Trials |
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| With exception of Greece and Rome, they were not guilt trials; they decided whether somebody should face the ruler's wrath (probable cause like); lots of presentment trials, ostracism, punishment in Old Testament; banishment of money lenders from temple in New Testament |
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Greek word "ostraka" (==shard) Athenians developed the term around 600 BC; most popular around 400 BC Citizens would vote once per year whether to have an ostraka, where they would write the name of the person they wanted to ostracize on a shard of pottery After tallying, if you won the ostraka, you were banished from the city-state for ten years, though your family got to keep all of your property |
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Romans had a writ of caput gerit lupinum (wear the head of the wolf) If found by Roman authorities to have committed a high crime against the state, you were banished for life; all your property is confiscated; and all Roman citizens were allowed to hunt you down like a wolf and kill you. Writ ended up in the Early English Writ of Wolvesved (later "transportation'), which was milder = kept your property and no hunting, just banishment |
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| First Jury mythology story |
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Greek = Trial of Ares for the murder of Heracles, son of Poseidon There was a jury of 12 gods. Nobody knows why 12, but it's really widespread: 12 olympian gods, 12 disciples, 12 days of Christmas; 12 months; "Dozen" |
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Norse myth of 12 gods presiding over everything in the universe. Odin appoints 12 demigods for all the things that happen on Earth. |
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Mortal tried by jury: Orestes myth, which is part of the Agammemnon myth This is from the Aeschulus and Euripides' plays Agammemnon's wife Clytemnestra's lover, Agammemnon's cousin Orestes, Electra, and Iphigenia (sacrificed for good luck), and one other are the children Clytemnestra cuts Ag's head off Appollo is angry Apollo sends furies to plant the seeds of matricide in the minds of Orestes and Electra (to kill momClytemnestra) Orestes beheads the cousin No problem there He then kills Clytemnestra, his mom Caused a great deal of trouble for him Electra drops dead on seeing the deed. Athena is angry now that Electra is dead. Athena calls a trial; convense a jury of 12 mortals (not gods), and appoints Apollo to represent Orestes Before the code of professional responsbility Jury hangs 6-6 Athena breaks the tie, but votes not guilty! Athena became associated with protection and with juries in general The goddess of battle, thus a connection between trials and battles through Athena We get our word Palladium from Pallas Athena" Trojans put statues of Athena up to protect them against the Danaans |
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750 BC at the time of Solon Called "Dikasteria" It was huge, about 1500 people unanimity not required this was a special jury for rare, important cases Jury qualifications: only 1 = must be citizen of the city-state Lots of sub-qualifications though: male, over 30, no debt |
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= early 700s = Eliaia Began in AThens as an appeal mechanism Oridnary disputes decided by magistrates If citizen was unsatisfied, he could appeal to eliaia, where the case was heard by the dikasteria, De Novo Before long, athenians were appealing everything Magistrates stopped bothering to decide anything Told people to go to the Eliaia Eliaia then used for everything! Around 500 BC |
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Verdict was final -- no appeal sanctity of the jury verdict may just be an historical accident Judge of sorts presided over the eliaia, but all he did was yell out the results Judge as town crier was in several passages of the Iliad and Odyssey Achilles' shield in the Iliad has a judge yelling out the results of the eliaia on it |
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Large juries only used for really important trials in the Senate = "Judices" May be the origin of the peremptory challenges (51 senators in the end) Magistrates dealt with everyday dispute resolution |
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| Ancient juries that actually decided guilt or innocence |
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Probable Cause Jury (did not decide guilt or innocence, just whether there was enough evidence to stand trial) aka GRAND JURY |
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| Who had a presentment jury? |
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Medieval juries before the Norman Conquest Norse Juries Franks, Jutes, etc. |
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Who served on Presentment juries? |
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Same as the type that William the Conquerer brought to England Still very rare throughout the continent Because these were presentment juries, they didn't have to be impartial They were INVESTIGATORS Medieval jurors were called jurors/witnesses Not very different If you knew the accused, all the better! If you knew the victim, all the better! |
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