Classics Crime and Punishment Week 1

What kind of legal process occurred during the Salem Witch Trials?

Court trials before judicial officials

What punishment was imposed during the Salem Witch Trials?

Punishment for the crime of witchcraft

How do modern rational thinkers view the Salem Witch Trials?

The trials were a sham

Why were the Salem Witch Trials considered a sham?

It was 100% sure that the accused would be found guilty and punished

What logical problem existed for the accused?

It is hard to prove a negative

Why was acquittal difficult in the Salem Witch Trials?

Proving you were NOT a witch was difficult

Who is the next real-world case study?

Omar Khadr

What was Omar Khadr's citizenship status?

Canadian citizen

Where was Omar Khadr residing as a teenager?

Afghanistan

Who captured Omar Khadr?

American troops

What was Omar Khadr accused of doing?

Allegedly killing a US serviceman

Where was Omar Khadr imprisoned?

Guantanamo Bay

How long was Omar Khadr imprisoned?

10 years

Where was Omar Khadr convicted?

In a US military court

What crime was Omar Khadr convicted of?

Murder

What legal action did Omar Khadr later take?

He appealed his conviction to return to Canada

What civil action did Omar Khadr bring?

A civil lawsuit

What did Khadr argue in his lawsuit?

His rights as a Canadian citizen had been infringed

Why were Khadr's rights infringed according to the lawsuit?

The federal government did not protect him

What was the outcome of Khadr's lawsuit?

The Canadian government settled the lawsuit

What does the Khadr case illustrate?

Criminal justice and civil justice in action

What represents criminal justice in the Khadr case?

The murder conviction

What represents civil justice in the Khadr case?

The lawsuit

What political scandal is discussed next?

The Canadian Senate Expenses Scandal

Who was prosecuted in this scandal?

Several Canadian senators

What were senators accused of doing?

Claiming ineligible expenses

What additional wrongdoing were senators accused of?

Lining their pockets

Which senator stood trial?

Mike Duffy

What was the verdict in Mike Duffy's criminal trial?

He was acquitted

What civil action did Mike Duffy take afterward?

He filed a civil lawsuit

Who did Mike Duffy sue?

The Senate and the RCMP

What damages was Duffy seeking?

Damages for negligent investigation

What additional claim did Duffy make?

Malicious prosecution

Which court dismissed Duffy's lawsuit?

The Ontario Superior Court

What did Duffy do after dismissal?

He continued to appeal

What ended the case definitively?

The Supreme Court of Canada dismissed the case

What broader relevance do these cases have?

They have elements applicable to crime and punishment in ancient history

What status-related issue is highlighted?

The citizenship status or socio-economic status of the accused

What special legal venue is highlighted?

A military court

What concept of punishment is highlighted?

Long-term detention

What legal mechanism is highlighted?

The appeals process

What legal distinction is emphasized?

The distinction between criminal and civil cases

What strategic use of law is highlighted?

Political maneuvering and financial gain

What ancient case study is introduced?

P. Claudius Pulcher and the Sacred Chickens

When did this case occur?

249 BCE

Which powers were at war?

Rome and Carthage

What war was being fought?

The First Punic War

Who commanded the Roman fleet?

Publius Claudius Pulcher

How many ships did Claudius command?

123 ships

What battle was he preparing for?

Attack at Drepana

What belief guided Roman military decisions?

The will of the gods could be revealed via bird omens

What ritual was used to test divine favor?

The sacred chickens test

What was done during the sacred chicken test?

The chickens were given food

What indicated divine favor?

The chickens eating the food

What happened when Claudius performed the test?

The chickens didn't eat

What did Claudius say in response?

"Since they won't eat, let them drink!"

What did Claudius do to the chickens?

He threw them into the sea

What was the outcome of the battle?

He lost 93 of his 123 ships

What charge did his enemies bring?

Capital treason

Where was Claudius tried?

Before the Roman Forum

What procedural rule applied to the trial?

It had to be completed in one day

What interrupted the trial?

A storm

What was the consequence of the interruption?

The assembly abandoned proceedings

What ruling did the tribunes make?

He could not be convicted

Why could he not be convicted?

The trial was not completed in one day

What limitation remained on retrial?

He could not be tried capitally

What punishment did he receive?

A fine

How much was Claudius fined?

12,000 denarii

What was a denarius worth?

An average daily wage for an unskilled laborer

What modern legal principle appears in this case?

Double jeopardy

What does double jeopardy mean here?

He could not be tried again for the same crime

What punishments overlap with modern courts?

Execution and fines

What modern limitation is noted?

Canada does not execute criminals

What charge still exists today?

Treason

What aspect differs from modern law?

The charge involved a religious matter

Why was Claudius punished?

He ignored the gods' signs

What modern equivalent does not exist?

Charging treason for killing sacred chickens

What type of crime was this effectively?

A war crime

Where was the trial held?

In the same courts as any other crime

What was common in ancient Greece and Rome?

Charging generals after military campaigns

When were generals especially charged?

After defeat

What would happen today instead?

A military court would try them

Where was the Roman trial held physically?

Outdoors in the Forum

Who judged the case?

A formal assembly of Roman people

What modern case illustrates civil vs criminal law?

OJ Simpson

What does modern law clearly distinguish?

Civil and criminal law

Who enforces criminal law?

Police and public prosecutors

What does criminal law address?

Acts that harm the state

What does civil law address?

Private disputes between individuals

Who was OJ Simpson charged with murdering?

Nicole Brown and Ronald Goldman

Who arrested OJ Simpson?

Police

Who charged OJ Simpson?

The public prosecutor

What was the verdict in the criminal case?

He was acquitted

What civil action followed?

A lawsuit by Ronald Goldman's father

What were the civil charges?

Battery and wrongful death

What was the outcome of the civil trial?

OJ was found liable

How much damages were awarded?

$33,500,000

What punishments could the criminal case have imposed?

Fine, imprisonment, or execution

Who would receive a fine?

The state

What is the purpose of imprisonment?

Protection and rehabilitation