Expert: Irulan Serena - 5/12/2005

Question
Thanks so much for your response.  

I am confused about your saying that there was no jail.  This is from the site you sent me:

"Socrates spent his final hours in a cell in the Athens jail.  The ruins of the jail remain today. "

Am I missing something?

Also, can you tell me what kind of laws and punishments might have made for
1.) grave robbing
2.) stealing votive offerings from a shrine to Apollo or other god

Thanks again for all your help.

Bev

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Followup To
Question -
I have a question about the legal system in Ancient Greece during the trial of Socrates.

Once Socrates was charged with corrupting the youth of Athens and failing to worship the proper gods,
 1.) When would he have been arrested?
 2.) Once arrested, would he go to jail first or straight into his trial?
 3.) Was there a certain time of each day for a trial to start?
 4.) Could there be more than one trial in a single day?

Thanks very much for any help you may be able to offer.

Bev
Answer -
Hello Bev,


Question 1  When -   In the year 399 B.C.E.   

He was not arrested, he was accused by a free citizen of Athens which was perfectly legal….this was called “the people's court:   Socrates is charged with "corrupting the youth" of Athens and "not believing in the gods the state believes in, but in other new spiritual beings."  His main accuser was a pot named Miletus.  

Question 2  Jail -  no such thing in ancient Greece.   Since there was so prosecutor, police nor jail the accused is allowed to remain at home until the trial date.

Question 3 – time for trial – no definite time but most would begin as soon as the “audience” of free citizens assembled, usually in the morning with breaks in between for rest, preparation and meals.

The King Archon decided that the charges against Socrates were legal and had enough merit to warrant a jury trial, and a date was set. Since the alleged offences of impiety were crimes against the polis, the trial was an agon timetos, in which the conviction was to be established by a sworn jury, drawn by lot. The number of jurors, who were randomly assigned to different courts on different days, was  500 free citizens of Athens. Large numbers prevented jury tampering or bribing.  There were no prosecution or defense lawyers. The accusers and the accused spoke themselves.

The trial was presided over by the King Archon.  It began in the morning and had to be completed by the end of the day. The speeches were measured by a water clock. More than likely the accusers had the morning to give its speeches, and Socrates had the afternoon to give his speech.

Question 4 – No, only one per day because trials usually lasted hours and trials had to end by the end of the proscribed day.  In Socrates case it lasted 6 hours. He was convicted on a 280-220 by a 500-person jury of freemen, then sentenced to death by hemlock by a larger margin.


The following site will give you more information on this topic.

http://www.law.umkc.edu/faculty/projects/ftrials/socrates/socrates.HTM


Regards,


Iru


Answer
Hello Bev,

Although there are several versions of the location of the "jail" the "Jail" spoken about was a room where he was confined until he drank the hemlock. The exact location of this room  is not known nor was it revealed by Plato who was actually present at the trial. He was sorrounded by his friends, but he, Socrates, could not leave the room ...so for all intents and purposes he was "in jail" however the term 'jail' as we know it today was not the same.   

Any crime which affected the 'polis' the city and its efficeint and proper running had three possible penalties:


EXILE - removal from the city and its protection

FINE  - heavy monetary fine which would ruin a person financialy

DEATH - final removal

One more comment - remember that primary sources - commentaries from people who ewere actually at the scene of an event - are changed as other writers add their views and opinions, so it is with everything written on the Net....and so it is that modern terminology is used to describe events in the past, however these  terminologies often create what is called an 'anachronism' - attributing a moden term to an event which is not applicable in the past.  


Regards,

Iru