In America, the sixth amendment in the bill of rights ensures that all citizens are entitled to public trials which are not delayed and that the defendant is informed of all their charges and have access to a trial by a jury. The idea of the juries and that of the courts have been closely interwoven in America, that most people when they hear the term courtroom, what comes in their mind is the image of a judge in his robe and legal advocates. The role of juries is to determine all the relevant facts in a trial, falsehood and the truth of the testimonies presented, the innocence or guilt of a criminal defendant, and all the liabilities present in a civil trial (History.com Editors 2009). Juries in America are hence viewed as the best tools that ensure that the rigidity of the rule of law is shaped to justice in any given case. Throughout history, citizens have had the chances of being called to hear disputes. The modern-day juries can be said to be a hybrid of the ancient Egyptian, Chinese, Roman, Mesopotamian, Hebrew and Greek jury customs. The following paper intends to explore the Mesopotamian judge and jury system and how it impacted the American legal system.
Mesopotamia is located in southwestern Asia and is referred to as the earliest nation to develop civilization. The nation was characterized by a collection of cultures that were guided by the scripts. The legal system was guided by the laws that were outlined by king Hammurabi of Babylon, which was displayed in a place where everyone could see them (History.com Editors 2009). The laws were referred to as the code of Hammurabi, and they are said to be the oldest surviving set of laws. Despite the existence of the legal codes, there were no lawyers in Mesopotamia, but the parties involved in a dispute went directly to the king or people close to the king. The code of Hammurabi is famously known for its eye for an eye justice, where the punishment given was equated to the wrong done. For instance, if you did cut someone’s hand, you had to get yours cut too. Additionally, any agreements and decisions used to be ratified by an oath that was taken before the gods, and this ensured that the deal would be followed, else, there would be wrath or punishment if the agreement would be broken.
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The courts in Mesopotamia consisted of three judges. All the relevant document for the dispute were brought to court, and every party was entitled to have their witnesses, who would support claims that were considered to lie outside the record (Hays, 2018). It is in Mesopotamia that the concept of considering a wrongdoer innocent until proven guilty arose. The decisions would be given after a thorough consideration of all the documents, the statements by the witnesses, and previous decisions on similar cases. However, the decision by the judge was open to being appealed against. It is worth noting that due to the presence of the code of Hammurabi, many people knew the decision to their cases, for the codes had the punishment for a majority of offences clearly stipulated. This hence made appealing for the decision by a judge difficult, for the king would send the party back to the judge and have the judge use the code of Hammurabi to make the final decision.
In Mesopotamia, suspicion was not enough ground for accusing someone. The suspect had to be caught in the act, or if it was theft, the stolen goods found in their possession. The ruling of serious cases, murder, for instance, they were ruled by a bench of judges, who included associated body of elders, who contributed to the final decision. The rest of the cases were heard by a single judge and twelve elders. In the case of witnesses, they were sworn on oath, and the penalty for giving a false accusation was equal to the one of the convicted criminal. The decisions to cases were given in writing, they were sealed, and were witnessed by witnesses, scribe and elders.
In the case of matters that were beyond men’s knowledge, for instance, witchcraft, or suspecting a wife, the society used water from a sacred river. The accused would first clear himself through an oath, and in this case, only his knowledge was available (Hays, 2018). The accused would then be expected to jump into the river, if they were innocent, they would swim across, but if they were guilty, they would drown. Additionally, for the immoral matters that were petty to be taken to court such as lying, they were denounced in the omen tablets and left in the hands of God to decide the fate of the individual, instead of leaving him unto the king.
The justice in the Hammurabi code was said to be sometimes cruel. It stipulated that an eye for an eye, a limb for a limb and a tooth for a tooth. This was symbolic of the fact that the punishment was equated to the wrong done. However, the evolution of shekels allowed wrongdoers to be fined using money.
The impact of the code of Hammurabi on the American legal system is evident in various aspects. The fact that the code of Hammurabi was written gave a shape to a majority of government as they outlined how to govern their governments (Prezi. 2014). The constitution of America is the supreme law that guides America, and just like the code of Hammurabi, it stipulates, how people are to be treated. It is through the American constitution that people have access to their rights, and freedom such as the freedom of speech. Just like the code of Hammurabi, the constitution is to be followed, but it does not have strict penalties as the Hammurabi did. The Mesopotamian idea of having the defendant innocent until proven guilty is also applicable in the American legal system. Also, the idea of having a bench of judges hearing the serious cases, and one judge hearing the petty cases in America, can be drawn from the Mesopotamian legal system.
In conclusion, the Mesopotamian legal system has been said to be the earliest civilization, and its impact can be felt in many governments. The USA is among them in the form of the constitution, and some of the aspects like having a defendant innocent until proven guilty.
References
Hays, J. (2018). Mesopotamian justice system . Facts and Details. https://factsanddetails.com/world/cat56/sub363/entry-6077.html
History.com Editors. (2009, November 9). Code of Hammurabi . HISTORY. https://www.history.com/topics/ancient-history/hammurabi
Prezi. (2014). Hammurabi code and the U.S Constution . prezi.com. https://prezi.com/pe-xpjt90iug/hammurabi-code-and-the-us-constution/
