Were roman laws stricter than US laws now?

Answer 1

Romans laws were not necessarily stricter, but the punishments certainly were.

ancient Rome had a legal system that guaranteed a fair trial for all Roman citizens. However, rich people usually got away with it lightly, usually with just a fine or at most with a period of house arrest, unless they commuted the most serious crimes. The treatment of poor people was harsher. They were often sentenced to death.

The Romans did not have prisons which can be compared to ours. Roman prisons served as a holding place for those sentenced to death. Occasionally the accused might be detained to await trial, but they were encouraged to go into voluntary exile. Those awaiting trial were called "carcer" or "publica vincula."

Non-capital punishments were:

1) Damnum, fines

2) Talio retaliation, which was an eye-for-an-eye code of justice. Like many ancient laws, Roman laws sanctioned retaliation where the injured party could inflict damage to the person or property of the injuring party of the same degree as that of the offence. In Rome this was called Lex Talionis.

3) Vincula, fettering.

4) Verbera, whipping, lashing.

5) Igominia (without name) Infamia (without reputation).This was punishment involved status degradation and loss of reputation. The loss a loss of legal or social standing also involved exclusion from the legal protections enjoyed by a Roman citizen. The person would then be called an infamis (plural infames). He could not give testimony in court and liable to corporal punishment, which was otherwise forbidden for Roman citizens and reserved for slaves. This punishment was for misconduct in public office or breach of the code of public morality. Entertainers, gladiators and prostitutes were also infames by virtue of their professions.

6) Exilium, exile/banishment. This was the punishment for forgery and false testimony and for conspirators when their life was spared. Banishment also deprived people of their property and privileges. During the period of rule by emperors it was also used for getting rid of political opponents.

7) Servitus, enslavement (this also involved loss of citizenship). Many of the enslaved peoples were forced to become gladiators.

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Capital punishments were:

1) Dejectio e rupe Tarpeia, being thrown a cliff. This was the most common form in the early days of Rome. Rupe Trapeia was the Trapeian Rock, a cliff of the Capitoline hill were this practice started.

2) precipitatio de robore, being thrown from the robor, which was a part of a prison.

3) projectio in profluentem, being thrown into the river.

4) Stangulatio, being strangled.

5) Scourging, being flogged to death.

6) Being buried alive. This was the punishment for the priestesses of goddess Vesta (the Vestal Virgins) if they were found or suspected of having broken their vow of chastity. They were put in a prepared underground vault with a couch, a lamp, and a table with food and water, ostensibly so that Vesta could save her if she was truly innocent. The vault was then filled with earth. This was done to execute them without shedding blood, because this was forbidden. They were executed in the Campus Scelletatus (the Wicked Field) outside the old city walls. Their lover was flogged to death.

7) Sercussio, beheading. Originally this was done with an axe. Later it was done with a sword because it was thought to be more honourable.

8) Fustuarium or bastinado, being beaten to death with cudgels. This was a punishment for soldiers.

9) Ordering a person to commit suicide. The person in question agreed because this was considered to be more honourable than execution and because (unlike with execution) his property was not confiscated. Therefore his family could keep his property.

10) Condemnatio ad bestia. This is often given in English as condemnation to the arena. People were thrown into the arena during the gladiatorial games and were left to be eaten by wild beast. This was reserved for slaves, traitors and deserters.

11) In crucem actio, crucifixion. This was considered most shameful and disgraceful way to die. It was reserved for slaves, pirates, enemies of the state and war captives. Roman citizens were exempt, except for high treason. Later it was extended to citizens of the lower classes (humiliores) as a means to display their low status. Crucifixion was also practiced by the Persians, Carthaginians, and Macedonians. In Carthage it was well established and was also used for defeated generals. Crucifixion was banned by Constantine.

12) Being burned alive. This was introduced during the great persecution of Christians of the early 4th century AD.

Patricide was considered the worst crime. The punishment was being blindfolded for not being worthy of seeing the light, being stripped and exposed naked, being whipped with rods and then being sewed up in a sack and thrown in the river (projectio in profluentem). Later you were put in the sack with a dog, a rooster, and a monkey.