words, he left the Forum and went to the Capitol and from there to his
house, accompanied by the great majority of the people, while the
accusing tribune and his official staff were left alone in the market
place.
The inevitable result of these cases of miscarriage of justice, in which
patriotic bravado and rhetorical claptrap took the place of legal rules,
was a desire and demand for the reform of criminal procedure. Besides,
it had ever been found troublesome and inconvenient to summon the whole
body of the Roman people to try ordinary offenses. It was only in cases
of great gravity that the ponderous machinery of the _comitia
centuriata_ could be set in motion. This difficulty was increased with
the growth of the republic, in which crimes also grew in number and
magnitude. The necessity for the reform of the criminal law resulted in
the institution of permanent tribunals (_quæstiones perpetuæ_). A series
of legal enactments accomplished this result. The earliest law that
created a permanent _quæstio_ was the _lex Calpurnia_ of 149 B.C. And it
was the proceedings in these courts, which we shall now describe, that
should have guided Pilate in the trial of Jesus.
_Mode of Trial in the Permanent Tribunals._--We shall attempt to trace
in the remaining pages of this chapter the successive steps in the trial
of criminal cases before the permanent tribunals at Rome.
_First Stage_ (_postulatio_).--A Roman criminal trial before a _quæstio
perpetua_ commenced with an application to the presiding magistrate, the
prætor or the _iudex quæstionis_, for permission to bring a criminal
charge against a certain person. The technical Latin expression for this
request to prosecute is _postulatio_. It should be here noted that
State's attorneys or public prosecutors, in a modern sense, were not
known to the Romans at this time. Private citizens took upon themselves
public prosecutions in behalf of the state. They were encouraged to do
this from motives of personal profit as well as patriotic interest in
the welfare of the community. As young men in modern times, just
admitted to the bar, often accept criminal cases by assignment from the
court in order to make a beginning in their professional careers, so
young Roman nobles in ancient times sought to make reputations for
themselves by accusing and prosecuting public delinquents. And not only
professional reputation, but financial compensation as well could be
gained in this way. The Roman laws of the time of Cicero provided that a
successful prosecutor should receive one-fourth part of the property
confiscated or the fine imposed. A Macedonian inscription offered a
reward of 200 denarii to the prosecutor who should bring to justice the
desecrators of a tomb.[19]
Public-domain text, read in full here on John Shaqi.
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