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Prosecutorial Misconduct in Rome

In Rome, prosecutorial misconduct was a serious offense.  Under the Remmian Law, a prosecutor who failed to prove his case would have his forehead branded with the letter, "K," for calumniator.  Cicero, Murder Trials (Michael Grant).  The laws of Rome read: Tit. 16. Concerning the Turpillian Decree of the Senate and the dismissal of charges.The recklessness of accusers is detected in three ways, and is punished by three penalties; for they either calumniate, prevaricate, or withdraw.(1) To calumniate is to bring false accusations. To prevaricate is to conceal true crimes. To withdraw is to entirely abandon a charge.(2) Punishment is inflicted upon calumniators by the Remmian Law.(3) He who does not prove what he alleges is not immediately considered to be a calumniator, for the investigation of the offence is left to the judge, having jurisdiction of the case; who, if the defendant is acquitted, begins to inquire into the intention of the accuser, and why he was induced to bring the accusation; and if he finds this was due to a just mistake, he must discharge him...continue to full post

Full post as published by Crime & Federalism on January 10, 2010 (boomark / email).