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The Early History of Delict andCrimeANCIENT LAW

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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

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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.

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Sins

ATHENS (Senate of Areopagus) special religious code

ROME the Pontifical jurisprudence punishe

adultery, sacrilege and perhapsmurder

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Formation of Bill of Pains andPenalty

CRIMINAL LAW PERIOD

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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.

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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

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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

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Trial by delegated Commissions (onDistinct Crimes)

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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

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Trial by periodically-madeCommissions (on expected Distinct

Crimes)

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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

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Trial by Permanent Commissions

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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 .

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The Comitia and the Qustiones

DISAPPEARANCE OF DEATH PENALTY

AND COMPLETION OF CRIMINAL LAW BY THE EMPIRE

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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

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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 .

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Completion of Criminal Law

EMPIRES PROJECT

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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.

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