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The Roman contributions to law
12 Tables of Roman Law
The Roman contributions to law
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Zoe Dean
Hickey
Latin i
04.26.17
Roman Crime and Punishments Crimes in ancient Rome were different then most crimes today to deal with these crimes they came up with many different consequences. Some included death, slavery, and banishment. The main reason these punishments were enforced were to keep their city under control much like our own country. Jail was not one of those ways. Jails were used in a very different way then we use them but was very effective but harsh. Most things in the roman empire were very harsh because romans wanted to be the very best. Before a punishment can happen the crime needs to committed first.
Wealthy citizens in Rome had many advantage in a criminal sense. A citizen of Rome would mostly hire guards to protect
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Jails were more of a detention cell. A very famous jail was the Mamertine jail. It was built around the 7th century B.C during the reign of the prisoners 4th king. Rome was one of the first places to use jails. Jails were used for holding some political for a short period of time. The cells were small cramped places and often had miserable conditions. Another way the romans used their jails was to put criminals to wait their execution, but they also had another choice. They could choose execution or they were allowed to starve to death in their cell. The people in the jails varied. Enemies that Rome had vanquished were held and often died in jail. Other people who were imprisoned were christians. The wealthiness in Rome played many roles, for example while the poor spent time in jail or other punishments, the wealthy did not have to go to jail or live with the miserable conditions. They only were under house arrest but with a lovely home with fountains and servants could not have been too bad. The Mamertine jail was simply a holding place for people who were going to …show more content…
It is no surprise that their ways of harsh battle with no mercy carried over to their laws and punishments. It was considered a crime to be born female. It was considered a crime to be born with a defect. The Roman empire wanted to control much of what was around them, which includes their people. Even though citizens were somewhat protected many of their crimes were still punishable and you did not want to be punished many punishments were severe. For example, getting thrown into a river in a sack with a viper or rooster. In conclusion, we can see that the romans were ruthless people that took their criminals and punishments seriously to stop any future
In the Antebellum Era, America undergos many reforms including a reform in their prison system. Imprisonment had been use rarely to punish criminals. Prisons were commonly used to incarcerate people being accused and awaiting for trials and debtors that had to pay their creditors. They did not want people to run away. Authorities did not used prison sentences for criminals, they enforced fines or inflict physical pain such as branding iron or pillory. Anyone convicted of a serious crime would receive extreme penalties such execution or banishment.
The Elizabethan era lasted from 1558 through 1603. In American history, this time period is known as the golden age because during this England became much more of a wealthy nation. In this era, the nation was able to invest in arts and exploration. Many writers and poets, such as Shakespeare, shaped the ways of theatre and literature. This era is also vastly known for its ways of handling crime and punishment. In the Elizabethan era, unsparing, common crime and punishment flourished for reasons fluctuating because of social class, gender, religion, and the satisfaction of antiquated torture devices.
In February, 1587, Queen Elizabeth had ordered her cousin, Mary, Queen of Scotts, to her execution to eliminate all possibilities of any threats to her throne. This event would reflect the relentless violence and unforgiving punishments of the judicial system in Elizabethan Era. Criminals during Queen Elizabeth’s reign in England, known as the Elizabethan Era, were subject to harsh, violent punishments for their crimes. England was separated into two social classes, which were the nobility, and the commoners. Within each class, the punishments were defined by the class and type of crime that had been committed. Under the Tudor rule, the punishments dating back to the middle ages were revived. Such gruesome punishments were carried out to strike fear into the hearts of the English citizens and lower crime rate. There were a wide range of crimes that a person could be prosecuted for, and even included the act of witchcraft and alchemy. Of course, today the American court system would find prosecutions of witchcraft and alchemy ridiculous. However, in the Elizabethan Era, people accused of even the most petty of crimes would be immediately placed in prison to await their sentences, often resulting in death. Public executions were a common practice, and were often a form of entertainment for a crowd of spectators. Often considered as the “Golden Age” in English history, England’s court systems became an essential part of society because cruel punishments were severe enough to strike fear into English citizens as well as demonstrating the influence and power of Queen Elizabeth’s rule.
They got the whole day off of work. On these days, the whole town would gather and watch as the criminal got his head chopped off. Everything at this time had more painful punishments, but not because of their lack of technology but because the leaders wanted you to learn your lesson. If someone lost a hand for stealing, they would most likely not do it again. Where as a commoner would lose their hand for stealing, a noble would only be placed in a pillory.
The word felon comes from the Saxon, or Old-English, language. The word is a compound of the words fell as in wrong-doing and one. So, when the world felon is broken apart, it can be translated to mean the evil or wicked one (Chapter XVII: Of Sundry Kinds of Punishment Appointed For Offenders). Felons are a common problem now and always have been. However, the way said criminals were treated was very different at the time of the Elizabethan Era, from 1558-1603. As Linda Alchin stated, Elizabethan England and Elizabethan Crime and Punishment- not a happy subject. Violent times,” (Alchin). During the Elizabethan Era, criminals were severely and brutally punished for even minor crimes such as theft and even as little as begging. During the time of Queen Elizabeth I rule, crimes and punishments were taken to a whole new level.
The lesson is situated in the fourth week, and is the eleventh and second last lesson in the unit outline.
People were even punished harshly for trivial crimes such as stealing a loaf of bread. . This was considered a serious offence in this time period. These crimes were mainly executed people who had no job. So they resorted to these crimes to get a pay.
Before jails were even implemented in America, the colonists had quite a different approach to punishment that led to how jails came to be. The original outlook of criminals came from the Colonists religious belief that criminals were sinners who were workers of the devil. The Colonists felt they had to be protected from devil’s workforce and therefore criminals must have their name run into the ground, be cast out of the town, or in the most extreme cases be hung. Before the Colonists accepted institutions, they looked to public humiliation as a means of correcting the lesser criminals. The harsher punishments, such as death, were given to people who were believed to be beyond redemption. But, with growing populations due to industrialization of cities townspeople grew less and less known to one another. With less recognition between citizens the thought of public humiliation as a punishment was weakening as a threat. On top of that, people were beginning to grow weary that capital punishment may have been too barbaric and overall ineffective. Yet, the colonists were still not completely convinced to utilize jails. The hesitation was a result of the community feeling that most men were not salvageable and institutionalizing them would only be rewarding. Although, this conception began to unravel in the late 1600’s when the Pennsylvania Quakers came up with a plan that would eventually be accepted.
In Titus Livius’, The Early History of Rome, Livy takes on the task of documenting Rome’s early history and some of the famous individuals who help contribute to the ‘greatness’ of Rome. Livy dedicates an entire portion of his writing to describe the reigns of the first seven kings of Rome; all who influence the formation and governance of Rome in some way. However, of the seven kings in early Roman history, King Romulus and King Numa Pompilius achieved godlike worship and high esteem from their fellow Romans. While both highly important and respected figures in Rome’s history, the personalities and achievements of King Romulus and King Numa Pompilius are complete opposites of one another. Despite the differences found in each king and of their rule over Rome, both Romulus and Numa Pompilius have a tremendous influence in the prosperity and expansion of Rome in its early days.
In the early years going to prison for a crime was not common. When people committed crimes, they were punished by corporal punishment, forced labor, social ostracism, and many far worse punishments. People began using imprisonment as a form of punishment after the American Revolution. In England these practice of imprisonment been taking place since the 1500s in the form of dungeons and other detention facilities. Prisons were one of the first buildings introduced in the New World. In early America prisons were not looked at like prisons are today, most crimes where punished on the spot and the person released. Most of the people that had long term sentences were people that owed debt. Other type of punishments that was used was fines, public shame, physical chastisement, and death. Misdemeanors were punishable by fines, just like some are today. The United States prison building efforts went through three waves. First the Jacksonian Era, which led to the increase use of imprisonment and rehabilitive labor as punishment for their crimes in almost all states by the time of the American Civil War. Second was the Progressive Era, which was after the civil war. The Progressive Era brought in the usage of parole, probation, and indeterminate sentencing. Third was in the early 1970s, by this time the number in prisons had increased five times.
Rome was changing. The people of Rome were changing. The citizens of Rome were getting tired of being ruled by others. They wanted to rule themselves. So after years of fighting against the last king of Rome, who was Tarquin the Proud, the people of Rome took over, and created a new form of government called a republic (Mr.Donn). In Rome’s republic, citizens of Rome would vote for their own leaders. Now, Rome was not ruled by heirs to the throne, but by the power of citizens that strove to become great leaders. From 509 to 82 BCE, the Republic of Rome thrived. In 451 BCE, ten men were chosen to write the first ten tables of the Twelve Tables after long opposition by the patricians to publicly educate people about the rights they had. One of these ten men was lucky enough to write the last two “tables” to make The Twelve Tables. Some of the rights included in The Twelve Tables were a person’s innocence until proven guilty and a person’s right to pay off debt. During this time, the Roman Republic annihilated Carthage and poured salt on their fields as Rome grew and became stronger. When 82 BCE came around, Cornelius Sulla, a conniving dictator took over Rome when he named...
Crime is something that needs to be punished but during the Middle Ages the punishments were meant to reflect the crimes that were committed. Because the punishments were very effective but were not very reasonable todays world had to change those extreme punishments. Crime should not be taken lightly but it should not be punished as harshly as it was during the Medieval Times. So, because the punishments were very effective but weren’t very reasonable today’s world had to change those extreme punishments. People of the Middle Ages were convicted of anything.
Every civilization in history has had rules, and citizens who break them. To this day governments struggle to figure out the best way to deal with their criminals in ways that help both society and those that commit the crimes. Imprisonment has historically been the popular solution. However, there are many instances in which people are sent to prison that would be better served for community service, rehab, or some other form of punishment. Prison affects more than just the prisoner; the families, friends, employers, and communities of the incarcerated also pay a price. Prison as a punishment has its pros and cons; although it may be necessary for some, it can be harmful for those who would be better suited for alternative means of punishment.
The correctional system punishes offenders by sentencing them to serve time in jail or prison. Others forms of punishment include being sentenced to probation, community service, and/or restitution. Jail is a locally operated short-term confinement facilities originally built to hold suspects following arrest and pending trial (Schmalleger, 2009). A prison is state or ...
The use of prison as a form of punishment began to become popular in the early 19th century. This was because transportation to colonies had started to decrease; transportation was the removing of an individual, in this case an offender, from its country to another country; usually for a period of seven to ten years and in some cases for ever. During this time prison was now being used as a means for punishment, this was in response to the declining of transportation to colonies. Thus, instead of transporting offenders to other colonies they were now being locked away behind high walls of the prison. Coyle (2005). To say whether using prison as a form of punishment has aid in the quest of tackling the crime problem one must first consider the purposes of the prison.