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Codes of Misconduct: Prosecution and Punishment Hammurabi, Draco and Other Early Approaches
Terms in this set (7)
Hammurabi: it Dates back to 1754 BC in Mesopotamia, Its one of the oldest Deciphered test and is a Code of Law. It was enacted by the 6th Babylonian King who was also known as Hammurabi. It was written on a Man-Sized Stone stele. The Code Consists of 282 Laws with Scaled Punishments. Adjusting , "An eye for an eye, a tooth for a tooth". It had Punishments based on people's Social Status. There were Different types of Punishments for a Slave and for a Merchant for the same offence. . A third of the code addresses issues concerning household and family relationships such as inheritance, divorce, paternity, and sexual behavior. Only one provision appears to impose obligations on an official; this provision establishes that a judge who reaches an incorrect decision is to be fined and removed from the bench permanently. A few provisions address issues related to military service. The Code was found in 1901 by Archaelogists, it was inscribed in the Akkadian Language, using Cuneiform Script, It was than Translated and Published in 1902 and is currently displayed in Louvre, with replicas all around the World.It has one of the oldest ideas of the Presumption of Innocence. Some of the laws presented in Hammurabi are regarding Slander(Punishment : Cutting the Skin /Hair), Trade (Punishment: The thief will have to pay 10 times of what he/she has stolen),Slavery(Punishment: Death), Theft(Punishment: Death), Food(Law: It states for any trade regarding food the Buyer should obtain a Receipt), Liability (If anyone's too lazy to take care of Property, The property along with the Person will be sold off at an auction.), Divorce(After Divorce the Women should take her money and go back to her Father's House.)If any Son strikes his father, his hands should be hewn off.
One of the Best known laws in Hammurabi's Code is :
"If a man destroy the eye of another man, they shall destroy his eye. If one break a man's bone, they shall break his bone. If one destroy the eye of a freeman or break the bone of a freeman he shall pay one gold mina. If one destroy the eye of a man's slave or break a bone of a man's slave he shall pay one-half his price."
Assyrian Law: It was very similar to Sumerian and Babylonian Law, although the Penalties were more Brutal and Barbaric. The First copy of the code dated to the Reign of Tiglath Pileser I, was Discovered during an Excavation by the German Oriental Society. Three Assyrian law collections have been found to date. Punishments such as the cropping of ears and noses were common, as it was in the Code of Hammurabi, which was composed several centuries earlier. Murder was punished by the family being allowed to decide the death penalty for the murderer.
Draco was a legislator, the first of Athens in Ancient Greece. His Constitution replaced the prevailing system of oral law and Blood feud by a written code (thus, Suggesting Uniform[ity]).Draco's Representation can be found in the Library of the Supreme Court of the United States . It generates the Adjecive Draconian which means 'unforgiving rules or laws'.
The Laws in the Draconian Constitution(first Constitution of Athens)[Written in 7th Century BC.] were posted on Wooden Tablets, Where they were preserved for almost three Centuries on steles of the shape of three-sided pyramid. The Laws Distinguished Murder and involuntary Homicide. The laws, however, were particularly harsh. For example, any debtor whose status was lower than that of his creditor was forced into slavery. The punishment was more lenient for those owing a debt to a member of a lower class. The death penalty was the punishment for even minor offences, such as 'stealing a cabbage'. Concerning the liberal use of the death penalty in the Draconic code, Plutarch states: 'It is said that Drakon himself, when asked why he had fixed the punishment of death for most offences, answered that he considered these lesser crimes to deserve it, and he had no greater punishment for more important ones'.
All his laws were repealed by Solon in the early 6th century BC with the exception of the homicide law.
According to the preserved part of the inscription, unintentional homicides received a sentence of exile. 'Even if a man not intentionally kills another, he is exiled'.
No systematic collection of Greek laws has come down to us. Our knowledge of some of the earliest notions of the subject is derived from the Homeric poems.
Code of Nesilim
It is an ancient Hittite legal code dating from 1650-1500 BC. It was got Laws Regarding Arguments between Men and Women, Soldiers, Slays and Free Men.
Traditional Chinese Law
It was established in 11th Century BC and Lasted upto 1911 when the last imperial Dynasty fell. This legal tradition is distinct from the common law and civil law traditions of the West - as well as Islamic law and classical Hindu law - and to a great extent, is contrary to the concepts of contemporary Chinese law. It incorporates elements of both Legalist and Confucian traditions of social order and governance. To Westerners, perhaps the most striking feature of the traditional Chinese criminal procedure is that it was an inquisitorial system where the judge conducts a public investigation of a crime, rather than an adversarial system where the judge decides between attorneys representing the prosecution and defence. "The Chinese traditionally despised the role of advocate and saw such people as parasites who attempted to profit from the difficulties of others. The magistrate saw himself as someone seeking the truth, not a partisan for either side."
Code of Ur-Nammu:
It is the oldest known law code written to have survived till date. Its preface directly credits the laws to King Ur-Nammu who was also the actual author of the code and had the laws written down into Cuneiform tablets. It was written in Sumerian Language in 2100-2050 BC. More than half-of-it has been destroyed. For the oldest extant law-code known to history, it is considered remarkably advanced, because it institutes fines of monetary compensation for bodily damage, as opposed to the later lex talionis ('eye for an eye') principle of Babylonian law; however, murder, robbery, adultery and rape were capital offenses. Beneath the lugal ("great man" or king), all members of society belonged to one of two basic strata: The "lu" or free person, or the slave (male, arad; female geme). The son of a lu was called adumu-nita until he married, becoming a "young man" (gurus). A woman (munus) went from being a daughter (dumu-mi), to a wife (dam), then if she outlived her husband, a widow (nu-ma-su), who could remarry.
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Crime Investigation and Criminal Apprehension
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