Date of this Version
Thesis (M.A.)—University of Nebraska—Lincoln, 1973. Department of History.
Subsequent generations have not failed to note Rome’s achievement in the field of law and legal theory. The cases preserved by our meager primary sources provide an insight into the actual procedures involved in the disposition of criminal cases in terms of the means of gathering evidence, bringing indictments, deciding on the location and tribunal adjudicating the case, and imposing a penalty. Yet, the historian would be negligent if he restricted history to the sterile environment of the forms and procedures employed by those administering criminal justice. The historian cannot neglect the human side of criminal justice, the side the emphasized “justice” more than the administrative and institutional practices. It is not only legitimate, but also right that the historian consider the questions of wealth, status, or influence that tended to produce special treatment at some stage in the disposition of a particular case. In order to include this dimension of justice, this study will focus on considerations involved in criminal actions that influenced either favorably or unfavorably the treatment the accused received at particular stages in the litigation or criminal cases.
Advisor: Nels W. Forde