A Day in Old Athens; a Picture of Athenian LifeDavis, William Stearns
History
A Day in Old Athens; a Picture of Athenian Life
Davis, William Stearns
Athens (Greece) -- Social life and customs
115. Prosecutions in Athens.—Athens does not draw a sharp line between
public and private litigation. There is no “state” or “district
attorney” to prosecute for the offenses against public order. Any full
citizen can prosecute anybody else upon such a criminal charge as
murder, no less than for a civil matter like breach of contract. All
this leads to the growth of a mischievous clan—the _sycophants_. These
harpies are professional accusers who will prosecute almost any rich
individual upon whom they think they can fasten some technical offense.
Their gains are from two quarters. If they convict the defendant,
about half of the fine or property taken will go to the informer. But
very likely there will be no trial. The victim (either consciously
guilty, or innocent but anxious to avoid the risk) will pay a huge
blackmail at the first threat of prosecution, and the case is hushed
up.
It is true there are very heavy penalties for trumped-up cases, for
unwarranted threat of legal proceedings, for perjured evidence; still
the abuse of the sycophants exists, and a great many of the lawsuits
originate with this uncanny tribe.
116. The Preliminaries to a Trial.—There are official arbitrators to
settle petty cases, but it is too often that one or both parties
declare “the dicasts must settle it,” and the lawsuit has to take its
way. Athenian legal methods are simple. Theoretically there are no
professional lawyers, and every man must look out for himself. The
first business is to file your complaint with one of the magistrates
(usually one of nine _archons_), and then with two witnesses give
formal summons to your opponent, the defendant, to appear on a set day
in court. If he has defaulted, the case is usually ended then in your
favor. This hearing before the magistrate is in any event an important
part of the trial. Here each side proffers the laws it cites to
sustain its claims, and brings its witnesses, who can be more or less
cross-examined. All the pertinent testimony is now written down, and
the tablets sealed up by the magistrate. At the final trial this
evidence will be merely _read_ to the jury, the witness in each
instance standing up before the court and admitting when duly asked,
“This is my testimony on the case.”
Public-domain text, read in full here on John Shaqi.
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