1) Hammurabi’s Code is a law’s system that can be divided into groups. Of course it seems that the code is without logical arrangement. In many cases all the laws relating to one subject are not grouped together. We have to pick out the topics and bring together in order to organize the code. We find laws about family, marriage, property, slavery and other.
I believe that the most emphasis is placed on order. The code pretends to establish order in economic transactions, family matters and also the division of classes (freemen, muskenu, and slaves). On the other hand it offers protection to all classes in that society. To today standard that protection is not totally justly. However, it represented a big jump toward civilization. One law of the code that is similar to a law of ours is law # 263 “If he kill the cattle or sheep that were given to him, he shall compensate the owner with cattle for cattle and sheep for sheep.” In today law if somebody kills the cattle or sheep or anything else, he is responsible for that act. However, today it will be pay by money not with another animal.
2) In the Hammurabi’s Code the ruling principle was “Eye for eye, tooth for tooth, and limb for limb.” We can find a classification of punishment for the offender like cutting off the hand that struck a father or stole a trust. Exile was inflicted for incest with a daughter. The death penalty was freely rendered for the theft and other crimes or for conduct that placed another in danger of death. But also, in this code we find penalties as fines. To today standards we find big differences between Hammurabi’s Code and today law. However, the spirit of both laws is the same. To protect the weak and the poor, slaves, women, children, against injustice at the hands of the rich and powerful.
3) According with the law, the “Presumption of innocence” means, “The indictment of formal charge against any person is not evidence of guilt” That means that a defendant is innocent until proven guilty. As an example of presumption of innocent was the case of the skater Tonya Handing who became notorious for allegedly conspiring to harm competitor Nancy Kerrigan in an attack, which occurred on January 6, 1994. On June 30 of the same year, after conducting its own investigation of the attack, the USFSA concluded that Harding knew about the attack before it happened and displayed “a clear disregard for fairness, good sportsmanship and ethical behavior.
Saturday, September 13, 2008
Friday, September 12, 2008
Hammurabi's Code
1.Hammurabi’s Code is very unorganized and it is very hard to find particular law. It can definitely be divided into groups, for example, Family Law, Criminal Law, Business Law, Criminal Procedure etc.
I believe that the most emphasis he put in obedience because the law was very strict and he wanted to have very organized society. There is no justice in Hammurabie’s Code. People were unequal. Depend what status you had that punishment you got. For example, Par.229 says that “If a builder build a house for some one, and does not construct it properly, and the house which he built fall in and kill its owner, then that builder shall be put to death” Par.230 says if it is a son of the owner the builder has to be put to death, and the next par. 231 states that if it is a slave of the owner then the builder should give him a slave.
I think the law #233 “If a builder build a house for some one, eve though he has not yet completed it; if then the walls seem toppling, the builder must make the walls solid from his own means” is similar to our Building Code. If a construction company builds a house for a private person and then turns out that there is something wrong that company has to fix it on its own cost.
2. Hammurabi believed that he was chosen by God to deliver the law to his people. His laws are very rigorous and they could not be use in today’s jurisdiction. Even though, today we have more crime than years ago it is not that easy to sentence human being to death like it was in Hammurabi’s time. His law was founded on the concept “Eye for eye, tooth for tooth” and that how it was used. For example, par.195 “If a son strike his father, his hands shall be hewn off”.
3. Presumption of innocence – it is a fundamental protection for a person accused of crime. It holds that a defendant is innocent until proven quilty.
As an example I can give the lawsuit Tiffany vs. EBay. The jewelry company had sued EBay for “trademark infringement in hopes of forcing the company to proactively remove items from its site listed under Tiffany’s name branch, in many cases the items listed turned out to be counterfeit” (NYT) EBay argued that it was a platform for buyers and sellers to interact. EBay was just responsible for finding items that they believed were take and for their removal.
I believe that the most emphasis he put in obedience because the law was very strict and he wanted to have very organized society. There is no justice in Hammurabie’s Code. People were unequal. Depend what status you had that punishment you got. For example, Par.229 says that “If a builder build a house for some one, and does not construct it properly, and the house which he built fall in and kill its owner, then that builder shall be put to death” Par.230 says if it is a son of the owner the builder has to be put to death, and the next par. 231 states that if it is a slave of the owner then the builder should give him a slave.
I think the law #233 “If a builder build a house for some one, eve though he has not yet completed it; if then the walls seem toppling, the builder must make the walls solid from his own means” is similar to our Building Code. If a construction company builds a house for a private person and then turns out that there is something wrong that company has to fix it on its own cost.
2. Hammurabi believed that he was chosen by God to deliver the law to his people. His laws are very rigorous and they could not be use in today’s jurisdiction. Even though, today we have more crime than years ago it is not that easy to sentence human being to death like it was in Hammurabi’s time. His law was founded on the concept “Eye for eye, tooth for tooth” and that how it was used. For example, par.195 “If a son strike his father, his hands shall be hewn off”.
3. Presumption of innocence – it is a fundamental protection for a person accused of crime. It holds that a defendant is innocent until proven quilty.
As an example I can give the lawsuit Tiffany vs. EBay. The jewelry company had sued EBay for “trademark infringement in hopes of forcing the company to proactively remove items from its site listed under Tiffany’s name branch, in many cases the items listed turned out to be counterfeit” (NYT) EBay argued that it was a platform for buyers and sellers to interact. EBay was just responsible for finding items that they believed were take and for their removal.
Tuesday, September 9, 2008
Hammurabi's code
1. The Hammurabi’s code is the first written law in the human history. The sixth king of Babylon, Hammurabi (BC 1810~1750), conquest neighborhood countries. Since he successfully expended his territory, he needed to have more strong and strict law to control over his country. To enforce his power over the country, he made Hammurabi’s code. It is consists of 282 laws. It can be divided into three parts, which are criminal, civil and commercial laws. Also it showed that there were three different social classes, which were slave, merchant and citizen and paramour and nobles. Based on the Hammurabi’s code, the Hammurabi desired to realize the just society. The idea of the Hammurabi is that a criminal should be punished same way as the victim damaged. The Hammurabi’s code #257 said “If any one hires a field laborer, he shall pay him eight gur of corn per year.” Both in 1800BC and modern society, if the person hires a labor, the person has to pay for labor’s work. However, today it will be paid by money not corn. Also, it will be paid base on hours of work not years.
2. The revanchist is the first keynote of the Hammurabi's code. "An eye for an eye and a tooth for a tooth." is famous phrase of the revanchist, Hammurabi’s code. The Hammurabi’s Code and Today’s law have different idea but a similar concept. Today’s law also punished a murder with death and the criminal compensate for the damage of crime. These laws have a concept of revenge. The person who damages the others, the person should compensate for the damage. However, the idea of Hammurabi’s is “revenge” and the idea of today’s law is “reparation”. Based on today’s law, the criminal would be not punished by harm but financially. The Hammurabi’s code punished the criminal more direct and physical way. Also it was harsher than today’s law. The second characteristic of the Hammurabi’s code is “Differentiation in social class”. Today’s law does not have a differentiation by the social class. Today, human beings are all equal in front of the law. The third characteristic of the Hammurabi’s code is “Crime is Crime”. There is no consideration of accidental occurrence. In other word, there is no consideration for self-defense. If the person got attacked by criminal, and accidentally the person harm the criminal. The person will be the one will punish at the court.
3. The meaning of the "presumption of innocence" is the person treated being innocent until a suspect has been convicted. The enough evidences should be provided to prove the guilty of the suspect. American citizens are due the presumption of innocence. Presumption of innocence applied to all of suspects in the court and it is the responsibility and obligation of a jury. If the suspect of a murder has been caught, he or she will be remaining the suspects of the case until the judge found the suspect guilty at the final judicial examination. To prove the suspect’s crime, the prosecutor should prove enough evidence to jury and judge to make a decision. On the other hand, there was the OJ Simpson case that prosecutor provided enough evidence of the crime but the suspect got a judgment of acquittal.
2. The revanchist is the first keynote of the Hammurabi's code. "An eye for an eye and a tooth for a tooth." is famous phrase of the revanchist, Hammurabi’s code. The Hammurabi’s Code and Today’s law have different idea but a similar concept. Today’s law also punished a murder with death and the criminal compensate for the damage of crime. These laws have a concept of revenge. The person who damages the others, the person should compensate for the damage. However, the idea of Hammurabi’s is “revenge” and the idea of today’s law is “reparation”. Based on today’s law, the criminal would be not punished by harm but financially. The Hammurabi’s code punished the criminal more direct and physical way. Also it was harsher than today’s law. The second characteristic of the Hammurabi’s code is “Differentiation in social class”. Today’s law does not have a differentiation by the social class. Today, human beings are all equal in front of the law. The third characteristic of the Hammurabi’s code is “Crime is Crime”. There is no consideration of accidental occurrence. In other word, there is no consideration for self-defense. If the person got attacked by criminal, and accidentally the person harm the criminal. The person will be the one will punish at the court.
3. The meaning of the "presumption of innocence" is the person treated being innocent until a suspect has been convicted. The enough evidences should be provided to prove the guilty of the suspect. American citizens are due the presumption of innocence. Presumption of innocence applied to all of suspects in the court and it is the responsibility and obligation of a jury. If the suspect of a murder has been caught, he or she will be remaining the suspects of the case until the judge found the suspect guilty at the final judicial examination. To prove the suspect’s crime, the prosecutor should prove enough evidence to jury and judge to make a decision. On the other hand, there was the OJ Simpson case that prosecutor provided enough evidence of the crime but the suspect got a judgment of acquittal.
Sunday, September 7, 2008
Hammurabi's Code of Laws
Question 1:
Hammurabi’s code can be considered a basis for many modern laws throughout the world. Although the organization and punishment is poor compared to today’s standards, the sequential grouping shows the different issues of society that Hammurabi was addressing. He fails to explicitly state the topics, but one can infer which category a law belongs to by the reading the preceding and following laws. These categories include social morals, business, crime, family issues, ownership, and others. I think that it would be better organized and understood if they were in outline format rather than this list. In some cases a law is actually an addendum to another law, but due to the list format and use of pronouns that refer to subjects in previous laws, some confusion can be created when referring back to this list in court. I believe the most emphasis is placed on justice. Especially with a punishment that justifies the crime. Most punishments, however, do not fit the crime, but it seems that Hammurabi was creating such harsh punishments in an attempt to instill fear in order to create a civilized society. Some laws were more like guidelines on how to be a proper and respectful citizen. Other laws addressed financial and property related disputes. Laws #256-261 are similar to today’s minimum wage laws that dictate fair salaries to workers. Laws in the 50’s and 60’s deal with encroachment and other real estate related issues similar to modern property law. For example, damage to a neighbor’s property results in reimbursement for said damage, which is usually the case in similar contemporary disputes.
Question 2:
Hammurabi’s punishments for crimes would be considered unjustified in contemporary times. Human rights activists and many others would protest such inhumane penalties. Stealing from someone whether it is because you need to survive or just because you want to have a certain item in your possession does not mean you should lose a limb or be killed. The more our society develops the more value is placed on human life. We also believe that human beings learn from their mistakes. Psychological punishment can have greater effect than physical punishment. Another reason perhaps why the penalties for crimes were more brutal then is the lack of resources allocated to maintaining a prison system and hence lack of justifiable punishments. It could be that they just could not think of a better way to penalize the criminals, and lesser crimes would not instill enough fear in those considering breaking the law.
Question: 3
Hammurabi’s “presumption of innocence” stated that a person was entitled to a fair judgment, and was considered innocent until it was proven he/she is guilty. Today that is called “innocent until proven guilty” and it gives the accused a chance to prove their innocence in a “fair” court of law. I put fair in quotations intentionally because fair is an ambiguous term, especially when used to describe our legal system. However, this idea of being innocent before proven guilty created a foundation for modern law and although it is not perfect, it sometimes prevents innocent people from going to jail. An example I would like to use is Kobe Bryant’s rape case in 2004. He was accused of raping a girl with whom he had consensual sex. In Hammurabi’s time, without DNA tests and sufficient public records, Kobe Bryant’s wife and children would be at danger of losing their lives, along with Kobe. However, after further investigation into the accuser’s personal life it was clear that she used her affair with Bryant in an attempt to swindle money for her personal gains. Although Kobe Bryant’s reputation was damaged, his chance at a fair trial allowed him to prove his innocence and retain his freedom.
-Alex Samusevich
Hammurabi's code of laws
Hommurabi’s code is the oldest written code of laws in the world. It can certainly be distinguished and categorized into groups. There are groups which cover agricultural, marriage, debts, inheritance and slavery. Here we found famous law # 169 “If a man destroys the eye of another, he shall destroy his own eye.” There are a lot of aspects that covers family issues, which I think always was and will be the basis of society. I found a few similarities between Hammurabi’s law and the law now in days. One of them is that the women and children have the protection under the law. Law #137 states that if the man wants to separate from his wife and kids, he has to give her the half of his property.
The applicable laws were very strict and absolute. The main punishment was the death penalty which I think is too cruel and unreasonable. However, the laws were written down and everyone was supposed to obey them. Today's criminals just go to jail which gives them a chance to understand their mistakes and return to normal life.
The “presumption of innocence” – is being “innocent until proven guilty”. It works in countries based on common law. In countries based on civil law its vice versa – “guilty until proven innocent”. It believes that it is better for 100 guilty people go free than for one innocent to be put in jail orbe put to death. As an example of presumption of innocent might be the Chamberlain “Dingo” trial in 1982. On August 17, 1980, at a campsite a Lindy’s Chamberlain cry came out of the dark and sad that the dingo's got her baby. It never happened before. Her daughter name was Azaria which means “Sacrifice in the Wilderness." Suspicious felt on Chamberlains that possibly killed their baby as a religious sacrifice. No real evidence was found and they pleaded not guilty
The applicable laws were very strict and absolute. The main punishment was the death penalty which I think is too cruel and unreasonable. However, the laws were written down and everyone was supposed to obey them. Today's criminals just go to jail which gives them a chance to understand their mistakes and return to normal life.
The “presumption of innocence” – is being “innocent until proven guilty”. It works in countries based on common law. In countries based on civil law its vice versa – “guilty until proven innocent”. It believes that it is better for 100 guilty people go free than for one innocent to be put in jail orbe put to death. As an example of presumption of innocent might be the Chamberlain “Dingo” trial in 1982. On August 17, 1980, at a campsite a Lindy’s Chamberlain cry came out of the dark and sad that the dingo's got her baby. It never happened before. Her daughter name was Azaria which means “Sacrifice in the Wilderness." Suspicious felt on Chamberlains that possibly killed their baby as a religious sacrifice. No real evidence was found and they pleaded not guilty
Saturday, September 6, 2008
Hammurabi's Code
Hammurabi’s Code was written several centuries ago around 1780B.C. and later on translated by L.W. King. There are more than two hundred laws described in the code which covers a great deal of society’s, do’s and don’ts and solutions to whatever problem they might encounter. We could distinguish different categories described within the code. There are laws that regulate the market and all financial issues. Law #57 (If a shepherd, without the permission of the owner of the field…) through Law#107 (If the merchant cheat the agent, in that as the latter has returned to him all that had been given him…) state most of the financial laws found in Hammurabi’s Code with their respective scenarios to the laws. Laws set for couples are also a large part of the Hammurabi’s Code. These laws are described in great detail in a step by step procedure in achieving justice. There are subdivisions relating to marriage, divorce, adultery, and family relations. Laws relating to murder, theft, fires, military issues, harming others, and unfair labor and property rights are also found in Hammurabi’s Code. I think Hammurabi places most emphasis on achieving full justice and the concept of “an eye for an eye”, although I find the laws to favored free men the most. One law in the code that is similar to a law of ours is law # 104: “If a merchant give an agent corn, wool, oil, or any other to goods to transport, the agent shall give a receipt for the amount…) Today we are still required to show a receipt to proof that we made a purchase, or a contract if entering in any kind of agreement.
2. It seems to be that Hammurabi was obsessed with putting people to death. Back then laws were more harsh, severe and a little unreasonable that today’s laws. Their concept “eye for an eye” and “tooth for a tooth” was taken to an extent. The laws were far more extreme, but at the same time it helped people not to do any wrong or at least to think about it twice before committing it, because if they were caught they we put to death without mercy. Today’s laws are more sympathetic to the criminal, giving them an opportunity to live and redeem their mistakes.
3. Hammurabi’s Code provides the first use of “presumption of innocence”, in other words “innocent until proven guilty”. This phrase means that no one can be punished without legitimate evidence that’d show that is in fact that individual who committed the crime. Every individual in our country has the right to a fair trial where he or she would have the opportunity to hear the accusations against him or her and defend his or her case. It’s not until the end of the trial that the judge decided according to the evidence presented. The OJ Simpson murder case is one controversial case. OJ Simpson was found to be not guilty of murdering his wife and her lover, even though they had evidence proving otherwise; this evidence wasn’t considered valid.
2. It seems to be that Hammurabi was obsessed with putting people to death. Back then laws were more harsh, severe and a little unreasonable that today’s laws. Their concept “eye for an eye” and “tooth for a tooth” was taken to an extent. The laws were far more extreme, but at the same time it helped people not to do any wrong or at least to think about it twice before committing it, because if they were caught they we put to death without mercy. Today’s laws are more sympathetic to the criminal, giving them an opportunity to live and redeem their mistakes.
3. Hammurabi’s Code provides the first use of “presumption of innocence”, in other words “innocent until proven guilty”. This phrase means that no one can be punished without legitimate evidence that’d show that is in fact that individual who committed the crime. Every individual in our country has the right to a fair trial where he or she would have the opportunity to hear the accusations against him or her and defend his or her case. It’s not until the end of the trial that the judge decided according to the evidence presented. The OJ Simpson murder case is one controversial case. OJ Simpson was found to be not guilty of murdering his wife and her lover, even though they had evidence proving otherwise; this evidence wasn’t considered valid.
Friday, September 5, 2008
Hammurabi
1.) Some of the laws can be grouped together, but as they are written they are a little unorganized and at times confusing as well (see laws #196 and #198). It looks as if when an incident happened, a law was written and then there were addendums to the laws (which meant another new law). All of the laws are in "if...then..."format, so essentially there really is no way to defend oneself if accused of breaking one of the laws. Law #152 (If after the woman had entered the man's house, both contracted a debt, both must pay the merchant) is handled in that same manor today. Those who incur a debt together are both responsible, no exemption from debt applies.
2.) Hammurabi's punishments for breaking some laws are much harsher than laws today. Being put to death is a popular punishment, but for some of the instances it doesn't seem to fit the crime. The only logic may be that either death or repayment were the only two options because there were no prisons at that time. If most of those laws were broken today, the offenders would most likely get jail time as opposed to death.
3.) Presumption of innocence means that a person accused of a crime or wrongdoing is innocent until he/she is proven guilty. It is up to the prosecution (via evidence and witnesses) to prove beyond a shadow of a doubt that the accused is in fact guilty of the crime for which he/she is accused of committing. In some cases, thinking of someone as innocent until proven guilty is easier said and done. In especially heinous cases - such as murder, rape, or crimes against children - some in society feel safe when there is an arrest. Sometimes, even though the evidence may show otherwise, we want to believe that law enforcement has the right person. An example of this is the OJ Simpson - Nicole Brown Simpson / Ron Goldman murder trial. Throughout the trial proceedings, his guilt was assumed BEFORE the jury actually reached a verdict. (PLEASE NOTE: I have no opinion either way on this trial as it was too confusing and too full of surprises for me)
-Lisa White
2.) Hammurabi's punishments for breaking some laws are much harsher than laws today. Being put to death is a popular punishment, but for some of the instances it doesn't seem to fit the crime. The only logic may be that either death or repayment were the only two options because there were no prisons at that time. If most of those laws were broken today, the offenders would most likely get jail time as opposed to death.
3.) Presumption of innocence means that a person accused of a crime or wrongdoing is innocent until he/she is proven guilty. It is up to the prosecution (via evidence and witnesses) to prove beyond a shadow of a doubt that the accused is in fact guilty of the crime for which he/she is accused of committing. In some cases, thinking of someone as innocent until proven guilty is easier said and done. In especially heinous cases - such as murder, rape, or crimes against children - some in society feel safe when there is an arrest. Sometimes, even though the evidence may show otherwise, we want to believe that law enforcement has the right person. An example of this is the OJ Simpson - Nicole Brown Simpson / Ron Goldman murder trial. Throughout the trial proceedings, his guilt was assumed BEFORE the jury actually reached a verdict. (PLEASE NOTE: I have no opinion either way on this trial as it was too confusing and too full of surprises for me)
-Lisa White
Hammurabi's Code of Laws
Hammurabi seems to put more emphasis in obedience. Throughout the reading he makes sure that we understand what would happen if his laws are not follow by his people. In a way these laws are meant to say if you don’t do this, nothing would happen to you. From that I take that obedience is very important to him. I really do not believe that these laws could be divided into groups since they all are for different purposes and for different individuals not to say for different situations. He talks about false accusations, wrong trial to a person, thieves, robbery, from steeling from a merchant to a minor son of another man. Laws for slaves, soldiers that go to war and come back, gardener, shepherd, brokers (at that time merchant entrust money to an agent for some investment, honesty (law 105), fail to meet debts, adultery, man wishes to separate from wives, widows, prostitutes, adopted child, men doing wrong to another men these are some of the situations that he talks about. If I would have to put them in groups that will be: Slaves laws, Women laws, Men laws. There are only few laws that I could relate to today’s laws. Law # 137 talks about man wishes to separate from his wife and who have children. He should give her part of his field, garden and property so she could raise his children. When they are grown up a portion of this is given to her children and the rest is for her and she could also marry the man she wants to. This law is very similar in today’s society, if you divorce from you husband half of everything that was obtain in the marriage years belongs to her and he also have to support the kids till they are 18yrs old.
Hammurabi’s punishments were to far severe. A lot of these laws in our system today will not make it to a jury; they will not apply death penalty for such a thing like law 22. His main punishments were put to death, monetary compensation, burned to death, thrown into the water, swear to oath, jump into the river, cast into the water, burned, tongue cut off, breast shall be cut off. These laws can’t not be comparing to today’s laws because society has evolve so much that no one will allow such cruelty for crimes that are not that bad. Swear to oath is done in every trial in today’s society but death penalty only in special cases.
Presumption of innocence means that someone going under trial is innocent until proven guilty. A well known case is O.J Simpson trial in 1995. Nicole Brown and Ronald Goldman were found death in front of her apartment. O.J Simpson is charged with two counts of 1st degree murder. He pleads not guilty. Evidence shown for this trial was bloody gloves that seem not to fit him. They found a knife and bloody shoes in his Bronco car as well blood in victim’s clothes. But DNA test showed that about 0.5% blood population would match as well. This lead to no sufficient evidence to find him guilty. He was found not guilty, kept custody of kids and only facing a great debt in compensatory damages. We could see that in our system if we don’t have enough of evidence people don’t go to jail or pay for their crimes.
Hammurabi’s punishments were to far severe. A lot of these laws in our system today will not make it to a jury; they will not apply death penalty for such a thing like law 22. His main punishments were put to death, monetary compensation, burned to death, thrown into the water, swear to oath, jump into the river, cast into the water, burned, tongue cut off, breast shall be cut off. These laws can’t not be comparing to today’s laws because society has evolve so much that no one will allow such cruelty for crimes that are not that bad. Swear to oath is done in every trial in today’s society but death penalty only in special cases.
Presumption of innocence means that someone going under trial is innocent until proven guilty. A well known case is O.J Simpson trial in 1995. Nicole Brown and Ronald Goldman were found death in front of her apartment. O.J Simpson is charged with two counts of 1st degree murder. He pleads not guilty. Evidence shown for this trial was bloody gloves that seem not to fit him. They found a knife and bloody shoes in his Bronco car as well blood in victim’s clothes. But DNA test showed that about 0.5% blood population would match as well. This lead to no sufficient evidence to find him guilty. He was found not guilty, kept custody of kids and only facing a great debt in compensatory damages. We could see that in our system if we don’t have enough of evidence people don’t go to jail or pay for their crimes.
Hammurabi
1. In Hammurabi’s code, the laws can be grouped in certain categories. The laws that make up this code are very similar since many seem to rely on obedience. However certain laws place emphasis on punishing a person if there is adultery, physical abuse defamation, right of possession, disloyalty, and crimes present. Hammurabi’s seems to place the most emphasis on obedience. It seems that if a law is disobeyed, or if you don’t act by the rules you can receive severe punishment such as death. Law # 9 is in a way similar to our system today in court where we have to bring witnesses and proof to try to prove the truth. However, in today’s system besides witness there has to be evidence, and the judge does not always rely on the testimony of the witnesses.
2. Hammurabi’s punishments are very harsh especially compared to our system today. In Hammurabi’s code, death seems to be the penalty or punishment for the consequences of breaking or disobeying many of the laws. If it’s not death, it’s paying fines, inflicting harm upon yourself, or having to pay the same price for the damage you commit. In today’s standard we do have death penalty just like Hammurabi, yet it is not present in every state and it rare that this punishment be applied. This death penalty is the ultimate, irreversible denial of human rights.
3. The phrase “presumption of innocence” in society means, that someone is innocent until proven guilty. In Hammurabi’s code, there were several laws that if there was no proof for the accusations made by someone, they were not considered to be real. In our country today, no matter how guilty someone looks or is, they still have the right to a fair trial. In the Duke Lacrosse Lawsuit, there were three lacrosse players accused of raping a dancer, there were several evidence pointing at them, DNA samples were taken. Yet at the end there wasn’t enough proof, and the DNA samples did not match, therefore the three lacrosse players were proven innocent.
2. Hammurabi’s punishments are very harsh especially compared to our system today. In Hammurabi’s code, death seems to be the penalty or punishment for the consequences of breaking or disobeying many of the laws. If it’s not death, it’s paying fines, inflicting harm upon yourself, or having to pay the same price for the damage you commit. In today’s standard we do have death penalty just like Hammurabi, yet it is not present in every state and it rare that this punishment be applied. This death penalty is the ultimate, irreversible denial of human rights.
3. The phrase “presumption of innocence” in society means, that someone is innocent until proven guilty. In Hammurabi’s code, there were several laws that if there was no proof for the accusations made by someone, they were not considered to be real. In our country today, no matter how guilty someone looks or is, they still have the right to a fair trial. In the Duke Lacrosse Lawsuit, there were three lacrosse players accused of raping a dancer, there were several evidence pointing at them, DNA samples were taken. Yet at the end there wasn’t enough proof, and the DNA samples did not match, therefore the three lacrosse players were proven innocent.
Thursday, September 4, 2008
Hammurabi
1. Even though Hammurabi is presenting many laws these laws can certainly be divided into different groups. Some of the groups that can be categorized may include court proceedings; in the first four laws Hammurabi puts great emphasis on court proceedings and false accusations. He then has few codes that are regarding crimes whether it is theft, or buying stolen property, kidnapping and murder. Hammurabi also has some laws that include slavery as well as hired laborers that should be paid what they deserve. Hammurabi also has a great deal of laws regarding family issues conflicts whether it is marriage, divorce, inheritance. Hammurabi puts great emphasis on obedience which was very important to follow. This meant that if someone broke one of the rules they would be charged in severe consequences, most likely punishment. He really exaggerates with his punishments because every common human error could have been treated as a crime. He really wanted people to fully obey the laws.
2. Hammurabi‘s code is very distinct in its coded for modern history in its completeness. Hammurabi established his laws from many different aspects of life. The code punishments were very harsh for example it included the law of retaliation as punishment for crimes. Hammurabi based his punishment according to the crime. From this principle came the phrase “eye for eye” “tooth for tooth.” Like today, testimony was taken under oath. Even though the punishments were different than today, the authority of the states is very similar. Similar to today, punishments were issued through the state’s law enforcement system where they were determined and enforced. Hammurabi used political power to create fear in order to place moral values and class structure.
The punishments that Hammurabi used for certain codes were very harsh that are not seen today. For example in code 1: “if any one ensnared another, putting a ban upon him, but he can not prove it, then he that ensnared him shall be put to death” this is not something that we would see today putting someone to death so easily for blaming someone on something and then not being able to prove.
3. Presumption of Innocence- being innocent until proven guilty- during that time, the government had the power to prove whether the victim is guilty and if it failed to do so then the victim was not guilty anymore. As it is stated in the 6th Amendment to the United States Constitution “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district where in the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense” (Charters of Freedom - The Declaration of Independence, The Constitution, The Bill of Rights). Today people are given the opportunity to prove their innocent and no one should be convicted for guilty until proven.
2. Hammurabi‘s code is very distinct in its coded for modern history in its completeness. Hammurabi established his laws from many different aspects of life. The code punishments were very harsh for example it included the law of retaliation as punishment for crimes. Hammurabi based his punishment according to the crime. From this principle came the phrase “eye for eye” “tooth for tooth.” Like today, testimony was taken under oath. Even though the punishments were different than today, the authority of the states is very similar. Similar to today, punishments were issued through the state’s law enforcement system where they were determined and enforced. Hammurabi used political power to create fear in order to place moral values and class structure.
The punishments that Hammurabi used for certain codes were very harsh that are not seen today. For example in code 1: “if any one ensnared another, putting a ban upon him, but he can not prove it, then he that ensnared him shall be put to death” this is not something that we would see today putting someone to death so easily for blaming someone on something and then not being able to prove.
3. Presumption of Innocence- being innocent until proven guilty- during that time, the government had the power to prove whether the victim is guilty and if it failed to do so then the victim was not guilty anymore. As it is stated in the 6th Amendment to the United States Constitution “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district where in the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense” (Charters of Freedom - The Declaration of Independence, The Constitution, The Bill of Rights). Today people are given the opportunity to prove their innocent and no one should be convicted for guilty until proven.
Hammurabi's code of laws can somewhat be distinguished and classified into categories or groups. for the most part, Hammurabi seemed to concentrate heavily on the community, slave, faimilies and people of authority. also, the penalties for breaking one of Hammurai's laws is mosltly affiliated with death such as drowning, payments or a painful punishment such as the cutting off of one's ear. I don't quite agree with all of Hammurabi's laws, i think some of them are to extreme and unreasonable, for instance in relation to code # 2, why should the river justify someone. In today's law, a judge and jury states whether someone is guilty or not based on evidence, not based on what nature thinks.
A lot of Hammurabi's laws may seem to be fair in some cases but a lot of them are way out of proportion in terms of the penalty one has to face for breaking a law. For instance, code # 210, if a man stirke a woman and the woman dies, the man's daughter shall be put to death.. In today's laws, pertaining to a similar situation, the daughter of the man has nothing to do with the actions of her father and i think that's the way it should be. Leaving in the time's of Hammarubi's laws means that you dont have a life of your own but in some sense you have to live life knowing that someone else can pay the penalty for your actions which seems to be unfair and unjustifiable.
'Presumption of innocence" in society means that someone is innocent until they can be proven guilty beyond a reasonable doubt. In the american laws, someone can be penalized or proven guilty only if the case charged against them is evident enough to prove them guilty, if not they are innocent. For example, with reference to Micheal Jackson's case on being accused of sexually molesting young boys, even though a lot of people may find him guilty, the court still didnt have enough evidence to prove him guilty against those charges and so he was presumed to be innocent. Similarly, in Hammurabi's laws such as code #1, a man has to prove what he saying is actually true, if not he shall face the consequences.
A lot of Hammurabi's laws may seem to be fair in some cases but a lot of them are way out of proportion in terms of the penalty one has to face for breaking a law. For instance, code # 210, if a man stirke a woman and the woman dies, the man's daughter shall be put to death.. In today's laws, pertaining to a similar situation, the daughter of the man has nothing to do with the actions of her father and i think that's the way it should be. Leaving in the time's of Hammarubi's laws means that you dont have a life of your own but in some sense you have to live life knowing that someone else can pay the penalty for your actions which seems to be unfair and unjustifiable.
'Presumption of innocence" in society means that someone is innocent until they can be proven guilty beyond a reasonable doubt. In the american laws, someone can be penalized or proven guilty only if the case charged against them is evident enough to prove them guilty, if not they are innocent. For example, with reference to Micheal Jackson's case on being accused of sexually molesting young boys, even though a lot of people may find him guilty, the court still didnt have enough evidence to prove him guilty against those charges and so he was presumed to be innocent. Similarly, in Hammurabi's laws such as code #1, a man has to prove what he saying is actually true, if not he shall face the consequences.
Hammarabi Codes
1) Hammurabi's laws can be categorized in many groups, some we still use today. The groups are rights to property and people, contracts and rental agreements, debts, forgery, divorce, and lastly what seem to be fair consequences ie. A tooth for a a tooth. In his code of law he emphasizes death as the main repercussion for illegal actions. The law that I believe is very similar to our society is law 105, which says without a receipt an agent cannot count the money goven to a merchant as his own. In our society if a buyer buys from a merchant and does not have a receipt as proof of his/her purchase, it is not valid.
2) Punishment inflicted because of the failure to comply with Hammurabi's code was far more severe and merciless than other laws. Other laws had far much more sympathy than for the innocent. In Hammurabi's code many of the punishments such as killing others sons and daughters out of fairness was everything but fair. The death punishment was also used very often for laws that weren't heavy, meaning they had little affect on the victim. Our society although it isn't perfect cannot punish the family members of a guilty party. If a crime is committed by a father only the father can suffer the consequences. Todays standards are different. If we still followed the Hammurabi code today millions of innocent people would be dead. The rules however wouldnt stop people from comitting crimes either.
3) Presumption of innocence is basically being innocent of any accusations by the accuser until you are proven to be guilty. This phrase is a legal right to citizens under law. An example of a case where the presumption of innocenc was a major factor was the Duke Lacrosse case. Three Duke Lacrosse players were accused on raping a dancer. Many testimonies and allegations were filed by the victim and prosecutors. DNA samples were also taking by the team. However the lack of evidence against the students and the negative DNA samples did not match the accusers story. Since the prosecutor could not prove that the students were guilty rape they remained innocent.
2) Punishment inflicted because of the failure to comply with Hammurabi's code was far more severe and merciless than other laws. Other laws had far much more sympathy than for the innocent. In Hammurabi's code many of the punishments such as killing others sons and daughters out of fairness was everything but fair. The death punishment was also used very often for laws that weren't heavy, meaning they had little affect on the victim. Our society although it isn't perfect cannot punish the family members of a guilty party. If a crime is committed by a father only the father can suffer the consequences. Todays standards are different. If we still followed the Hammurabi code today millions of innocent people would be dead. The rules however wouldnt stop people from comitting crimes either.
3) Presumption of innocence is basically being innocent of any accusations by the accuser until you are proven to be guilty. This phrase is a legal right to citizens under law. An example of a case where the presumption of innocenc was a major factor was the Duke Lacrosse case. Three Duke Lacrosse players were accused on raping a dancer. Many testimonies and allegations were filed by the victim and prosecutors. DNA samples were also taking by the team. However the lack of evidence against the students and the negative DNA samples did not match the accusers story. Since the prosecutor could not prove that the students were guilty rape they remained innocent.
Wednesday, September 3, 2008
Hammurabi
1. The first sets of laws seem to be on short topics such as accusations, stealing, possessions, and slaves. Then the laws become more involved with property, mainly land, then the laws move to other tangible goods such as gold, or silver. The laws then move to discussing family matters. Finally, the last sets of laws are broken into small groups such as the cost of an injury to a person (en eye for an eye), slaves, and animals. What I found that Hammurabi placed most emphasis on was the family. He seems to put a lot of emphasis on defining relationships, their ties, and the only ways to break them. Law 102, is similar to out set of laws. If we entrust money to a broker, or bank, and they lose the money, then they are responsible for returning that money to the merchant. In the same way, we cannot give money to the bank or broker, and have them lose the money without them being held responsible for that loss.
2. Hammurabi’s laws seem to have a main theme and that is “An eye for an eye and a tooth for a tooth.” However, this is not the standard set in today’s laws. In the world we live in today, we seek a way to find a punishment that would be the “equivalent” of the crime, which has been committed. For example if you steal, the government is not going to say, “Okay, cut his hands off.” Instead, you would be given a jail sentence, which would pay your debt to society. Retaliation is not a standard, which is implemented in today’s laws, as it was in Hammurabi’s Code. In today’s society there is more of a belief of a second chance, one can even argue for rehabilitation, in today’s society. This means that one’s time spent in jail is suppose to show the criminal the error of their ways, and come back as a functioning member of society.
3. In law 227, the barber is able to swear that he “did not mark him wittingly,” and their will be no penalty. Hammurabi is operating on the principle, of innocent until proven guilty or “presumption of innocence”. Since there is, no one in the barber’s case that can say that he did it wittingly, Hammurabi assumes an innocence, which the barber swears by. Our law system acts in a similar way. Since the government also runs under “Innocent until proven guilty”, the court allows bail. Bail means that the court has no right to retain you until your trial, since you are innocent until the trial can prove otherwise. Bail is just a way to insure that you will show up for your court date.
2. Hammurabi’s laws seem to have a main theme and that is “An eye for an eye and a tooth for a tooth.” However, this is not the standard set in today’s laws. In the world we live in today, we seek a way to find a punishment that would be the “equivalent” of the crime, which has been committed. For example if you steal, the government is not going to say, “Okay, cut his hands off.” Instead, you would be given a jail sentence, which would pay your debt to society. Retaliation is not a standard, which is implemented in today’s laws, as it was in Hammurabi’s Code. In today’s society there is more of a belief of a second chance, one can even argue for rehabilitation, in today’s society. This means that one’s time spent in jail is suppose to show the criminal the error of their ways, and come back as a functioning member of society.
3. In law 227, the barber is able to swear that he “did not mark him wittingly,” and their will be no penalty. Hammurabi is operating on the principle, of innocent until proven guilty or “presumption of innocence”. Since there is, no one in the barber’s case that can say that he did it wittingly, Hammurabi assumes an innocence, which the barber swears by. Our law system acts in a similar way. Since the government also runs under “Innocent until proven guilty”, the court allows bail. Bail means that the court has no right to retain you until your trial, since you are innocent until the trial can prove otherwise. Bail is just a way to insure that you will show up for your court date.
Hammurabi
- Hammurabi’s Code of Laws is organized in a way that each law flows into one another. Many laws are linked together in categories much like today’s justice system. Crimes include: killing, acts of harm/violence, theft, adultery, injustices of labor and rights of property. Hammurabi emphasizes the severity of the punishments for breaking the laws so that his law abiding society will be afraid to commit such crimes. One law that is different today from Hammurabi’s is “If any one is committing a robbery and is caught, then he shall be put to death”. In today’s society someone committing robbery will get a certain amount of time in prison rather than the death sentence one would get in Hammurabi’s society.
- The punishments for breaking the Code of Hammurabi were much more extreme than today’s laws. The punishments were mostly death sentences or some painful punishment like having your hand cut off. People also lost their money depending on the crime they committed and some laws were confusing as to why they would have to pay money instead of another punishment such as “211. If a woman of the free class lose her child by a blow, he shall pay five shekels in money. 212. If this woman die, he shall pay half a mina”. Today’s society, the punishments are less severe but still enough to punish criminals. People won’t get their hands or ears cut off or get the death sentence for a crime we would think is a minor one in today’s society but in Hammurabi’s it may have been thought extreme.
- “Presumption of Innocence” is the first use of the phrase “Innocent until proven guilty”. A person may commit a crime and can be accused of doing committing the act but he is innocent until he goes to trial and evidence can prove him guilty. This can work in favor of the suspect but usually justice prevails. An example of this is former president Clinton's trial for perjury and obstruction of justice charges which he was acquitted. The impeachment was acquitted as the 2/3 required senators vote did not pass. This favors Clinton but everyone knows that he had some kind of relationship with Ms.Lewinsky as he said it himself.
Hammurabi's Code
1. Hammurabi’s laws are more unreasonable then the ones we have in today’s society. The laws can be broken up to different categories like assault, ownership of property and slaves, marriage, money, disloyalty, real estate and death. The difference of Hammurabi’s law and our society today is that most of Hammurabi’s laws will have a punishment of death for minor crimes like law #22, “if anyone is committing a robbery and is caught, then he shall be put to death.” There are many robberies in our society today and the sentence is not greater then a few years in prison. I think Hammurabi seems to place the most emphasis as someone being treated equally. As he said on his law #196 “An eye for an eye” even though it is a little too extreme to take someone’s eye out.
3. “Presumption of innocence” means the person is innocent until proven guilty. An example of this would be the rich couple Varsha Mahender Sabhnani and Mahender Marliddhar Sabhnani who were accused of keeping two Indonesian slaves in their home. Even though the two Indonesian accused the couple of doing horrible things like threatening them with violence, making them eat hot pepper, hiding their passport, etc. Varsha Mahender Sabhnani and Mahender Marliddhar Sabhnani were still innocent until the judge decided their verdict which was guilty and was sentenced to prison for several years. I think if it was Hammurabi’s law this couple would have been put to death for abusing the slaves.
The Code of Hammurabi
1) The code of Hammurabi is a foundation to the laws we uphold today. A lot of codes and guidelines fall under categories of stealing, killing, physical abuse, adultery, and right of possession. Like Hammurabi’s codes, our laws can be put under the same categories as well. Although not as extreme, it is very comparable to any other nation in the modern age. Hammurabi places the most emphasis on the logic of “an eye for an eye”. In translation, if a unjustified deed is done to an individual, the person doing the crime will be punished either the same way or even by death, depending on the status of the victim. Likewise, although not very recognized in today’s society, if a person with a lot of wealth or status was harmed, there would be a greater punishment for the criminal. One example of this is in law 202 which states, “If any one strike the body of a man higher in rank than he, he shall receive sixty blows with an ox-whip in public.” If in today’s society a man struck a police officer or government official, the penalty would be much greater than if he were to strike an ordinary man.
2) In Hammurabi’s time, the punishment for breaking a law usually ended up causing the criminal to lose money, inflict damage to his/her body, or cause them to be punished by death. Although not as extreme today, there is still the death penalty in some states for criminals who commit acts of devastating destruction and murder. While some might judge Hammurabi’s codes barbaric, we use some of these methods today to provide “justice”.
3) Presumption of innocence simply implies the theory of “innocent until proven guilty”. For example, in today’s society, if a person is charged with raped and all evidence points to the accused, he/she still has the right to a fair trial by a judge or jury. However, there are many loopholes with this as well. For example, if an African American man was to be put on trial in a racist state, the odds would be against him. If a judge were to accept a bribe, then justice would be twisted around. Putting those aside, “presumption of innocence” was a foundation to modern law used in today’s society.
1)I believe the laws can be divided into groups regarding wrongful actions such as theft, infidelity and mischief. The laws seem to be very strict in their application and often times the consequences of breaking them is death. In this regard, emphasis in the majority of laws is essential, it could be perceived that by applying a hard punishment people will ultimately avoid dysobeying the law. In terms of law (154) of the code it resembles the law of child abuse in the US which is penalized with up to two decades in jail or more as oposed to the code which the punishment is death. Although most people are terrified of the punishment of incarceration, it will be interesting to determine the effects of those laws on crime during the code's realization.
2) Today the maximun punishment for commiting a crime is death penalty. It is not valid throughout the whole country but is legal in some states. Other forms of punishment are basically constitutes of serving time in jail, paying fines, among the most common. Essentially, hammurabi's code punishment is based upon death and other forms lethal actions. The result of this punishment is disabling the offender of a normal life. It could be debatable if the crime is very serious it could deserve the maximun penalty howerver for less serious crimes the death penalty is an extravaganza.
3) Presumption of innocence means that an individual is innocent until proven guilty. This concept is widely accept in the USA. Criminal cases as oposed to civil cases adopt this phylosophy to render decision in criminal courts. on the other hand, civil courts assing a fifty percent method of preponderance which means that with a parcial amount of evidence that amount to fifty percent the offender can be considered guilty. The most popular case in USA related to this kind of reasoning is the O.J Simpson case. The amount of evidence found in against him in the criminal court was not substantial to consider him guilty.
2) Today the maximun punishment for commiting a crime is death penalty. It is not valid throughout the whole country but is legal in some states. Other forms of punishment are basically constitutes of serving time in jail, paying fines, among the most common. Essentially, hammurabi's code punishment is based upon death and other forms lethal actions. The result of this punishment is disabling the offender of a normal life. It could be debatable if the crime is very serious it could deserve the maximun penalty howerver for less serious crimes the death penalty is an extravaganza.
3) Presumption of innocence means that an individual is innocent until proven guilty. This concept is widely accept in the USA. Criminal cases as oposed to civil cases adopt this phylosophy to render decision in criminal courts. on the other hand, civil courts assing a fifty percent method of preponderance which means that with a parcial amount of evidence that amount to fifty percent the offender can be considered guilty. The most popular case in USA related to this kind of reasoning is the O.J Simpson case. The amount of evidence found in against him in the criminal court was not substantial to consider him guilty.
Hammurabi's Code
1) Hammurabi's laws can be divided into different groups. Much like our justice system today, Hammurabi's method was to punish people according to the severity of the crime. Unlike our justice system today, many mundane and relatively petty crimes received a penalty of death. Hammurabi's code is a bit extreme. For example, a "sister of God" (presumably a nun) goes into a tavern for a drink, she may receive some dirty looks or might even be laughed at in todays society. According to Hammurabi's Code (Law #110), that same nun would be put to death. As a matter of fact, "a nun walks into a tavern" sounds like the beginning of a joke I heard once, but I guess Hammurabi didn't find it too funny. Hammurabi seems to put the most emphasis on equal compensation. Although this logic cannot work in every situation, Hammurabi tries his best to make it happen. It is a good idea in thought, but not in action.
2) It seems as though the punishments for crimes committed under Hammurabi were either fines or death. Occasionally someone was "thrown into the river", but most of the time Hammurabi seemed to be doing a lot of killing and fining. Today we use a lot more discretion before punishing a criminal. Things like community service and rehabilitation today weren't even a thought under Hammurabi. It seems as though Hammurabi was focused primarily on deterance and punishment rather than rehabilitation.
3) The most popular example of presumption of innocence is the OJ Simpson/Nicole Brown case. In this case, much of the general public believed Simpson to be guilty of homicide. The prosecution really screwed up the trial and made some mistakes in presenting the case. According to our law, OJ was innocent until the end of the trial. In the end, OJ Simpson was not found guilty "beyond a reasonable doubt", although he was later tried in a civil court where was found guilty by "a preponderance of evidence".
2) It seems as though the punishments for crimes committed under Hammurabi were either fines or death. Occasionally someone was "thrown into the river", but most of the time Hammurabi seemed to be doing a lot of killing and fining. Today we use a lot more discretion before punishing a criminal. Things like community service and rehabilitation today weren't even a thought under Hammurabi. It seems as though Hammurabi was focused primarily on deterance and punishment rather than rehabilitation.
3) The most popular example of presumption of innocence is the OJ Simpson/Nicole Brown case. In this case, much of the general public believed Simpson to be guilty of homicide. The prosecution really screwed up the trial and made some mistakes in presenting the case. According to our law, OJ was innocent until the end of the trial. In the end, OJ Simpson was not found guilty "beyond a reasonable doubt", although he was later tried in a civil court where was found guilty by "a preponderance of evidence".
Hammurabi
1. Hammurabi begins his codes with laws pertaining to lying, or false accusations. Erroneously accusing one’s neighbor of something he or she has not done is intolerable and consequently, punishable by death. Hammurabi then proceeds to discuss theft. Thievery is another crime which is punishable by death though, no in every situation. Occasionally Hammurabi allows for compensation of goods or payment to be the punishment in place of death. The remainder of Hammurabi’s laws pertain to property; property of land, women, slaves and animals. It details various laws and ramifications relating to stealing, raiding or acquiring another’s land. The majority of his codes focus on property transactions and much emphasis is placed on respecting another’s property. Law 14, “If anyone steal the minor son of another, he shall be put to death,” is similar to kidnapping laws in today’s society. If anyone kidnaps, ‘steals’, another’s child they will be penalized by the law. Although the exact amount of time varies by state, those who kidnap another’s child will now face prison time. The length of time in prison depends on the severity and length of one’s crime, and whether it was premeditated. Today’s punishment takes into account far more factors than Hammurabi’s punishment, which is death for the perpetrator, no matter the situation.
2. The ramifications of breaking Hammurabi’s laws are often severe and uncompromising. Depending on the seriousness of the offense one may be faced with anything from paying a fine, to death. Serious offenses such a murder, kidnapping, and theft often result in death, while less serious offenses like owing a debt mostly result in fines. Hammurabi’s laws are very harsh and do not take into account outside factors. They have a similar tone to that of the Old Testament, often employing an eye-for-an-eye punishment. Many of the less serious offenses that result in fines or replacement of damaged property are similar to punishments imposed today in America. However, America has taken a more rehabilitative approach to punishments, versus Hammurabi’s punishment for punishment’s sake. Some of the harsher, more archaic punishments are still practiced today in countries that follow Islamic law. For example, in Saudi Arabia the punishment for theft may be the amputation of one’s hand. Thus, while many of the penalties are not widely accepted in America, there are many parts of the world that still practice them.
3. “Presumption of innocence” is what is more commonly known today in America as, ‘innocent until proven guilty’. That means that anyone accused of a crime is assumed to be innocent until proven otherwise. If the prosecutor or accuser cannot make a convincing case against the accused than they will be presumed innocent and thus, not penalized. It therefore, becomes the prosecution’s duty to construct a compelling case against the defendant that proves, beyond a reasonable doubt, that they are guilty. The most notable example of this precedent is the O.J. Simpson trial. While many Americans believed that Simpson was guilty in the eyes of the law he was innocent until proven otherwise. Thus, it became the prosecution’s responsibility to provide an air-tight case against him, proving that he was indeed, guilty. However, the defense was able to raise many doubts and questions regarding the prosecutions case, enough so that the jury was unable to declare him guilty beyond a reasonable doubt. As a result of their doubts the jury was forced to declare him ‘not guilty’ in the eyes of the law.
2. The ramifications of breaking Hammurabi’s laws are often severe and uncompromising. Depending on the seriousness of the offense one may be faced with anything from paying a fine, to death. Serious offenses such a murder, kidnapping, and theft often result in death, while less serious offenses like owing a debt mostly result in fines. Hammurabi’s laws are very harsh and do not take into account outside factors. They have a similar tone to that of the Old Testament, often employing an eye-for-an-eye punishment. Many of the less serious offenses that result in fines or replacement of damaged property are similar to punishments imposed today in America. However, America has taken a more rehabilitative approach to punishments, versus Hammurabi’s punishment for punishment’s sake. Some of the harsher, more archaic punishments are still practiced today in countries that follow Islamic law. For example, in Saudi Arabia the punishment for theft may be the amputation of one’s hand. Thus, while many of the penalties are not widely accepted in America, there are many parts of the world that still practice them.
3. “Presumption of innocence” is what is more commonly known today in America as, ‘innocent until proven guilty’. That means that anyone accused of a crime is assumed to be innocent until proven otherwise. If the prosecutor or accuser cannot make a convincing case against the accused than they will be presumed innocent and thus, not penalized. It therefore, becomes the prosecution’s duty to construct a compelling case against the defendant that proves, beyond a reasonable doubt, that they are guilty. The most notable example of this precedent is the O.J. Simpson trial. While many Americans believed that Simpson was guilty in the eyes of the law he was innocent until proven otherwise. Thus, it became the prosecution’s responsibility to provide an air-tight case against him, proving that he was indeed, guilty. However, the defense was able to raise many doubts and questions regarding the prosecutions case, enough so that the jury was unable to declare him guilty beyond a reasonable doubt. As a result of their doubts the jury was forced to declare him ‘not guilty’ in the eyes of the law.
Tuesday, September 2, 2008
Hammurabi's Code
The organization of Hammurabi's Code separates the laws into loose but thorough categories. The system begins with the import of eliminating false accusations. The code regarding the importance of infallibility of the judges (#5) is tantamount to the justice of the system. The codes proceed through the importance of property ownership, business dealings, contracts, the responsibility of agricultural pursute ( important to the society as a whole), infidelity, assault and battery, physician malpractice, the responsibilities of families regarding the armed forces as well as others, and ends in employment law. Because the codes regarding property are listed first, it appears that ownership was the most important emphasis.
Regarding this emphasis on ownership, I was interested particularly in code 130 regarding violation of a wife or a betrothed woman(rape). The penalty is death. In our current New York State penal code the maximum sentence for rape is 25 years in jail. In keeping with Hammurabi's emphasis on ownership, it appears the capital penalty may not be so much because of the assault on the woman, but instead because she is owned or promised to another.
Most of Hammurabi's penalties for crimes are much more severe than our current punishments. As previously mentioned the penalty for rape is much stricter than our current jail sentence, as were penalties for breaking and entering (death), and looting (death). Most interesting are the penalties for killing a man's family member. The family member of the guilty would be killed. This perpetuates the idea of the descendants being held responsible and suffering for the faults of their father. A man would be made to suffer the same that he caused another to suffer. This is certainly a reason to follow the golden rule "Do onto others as you would have them do unto you"
Presumption of innocence is the idea that you are not guilty until it is proven. This was very important in the justice system created by Hammurabi's Code and continues to be very important in the USA today. Hammurabi's justice required undeniable proof. When men and their family members were to be killed or maimed, guilt had to be certain and there was to be no corruption of judges. In the USA we now have 2 forms of justice systems working side by side. Perhaps because our punishment is not as severe we can afford some error. However, in our criminal law we require guilt to be proven "without a reasonable doubt" which is much stricter than our civil law which only requires the "preponderance of evidence." It is interesting to note that a judgement in criminal court could lead to capital punishment, but in civil court, only fines. The case of O.J. Simpson is a perfect example of this. He was acquitted in criminal court because the jury could not agree there was not reasonable doubt, but found guilty in civil court because the evidence of guilt was greater than not.
Regarding this emphasis on ownership, I was interested particularly in code 130 regarding violation of a wife or a betrothed woman(rape). The penalty is death. In our current New York State penal code the maximum sentence for rape is 25 years in jail. In keeping with Hammurabi's emphasis on ownership, it appears the capital penalty may not be so much because of the assault on the woman, but instead because she is owned or promised to another.
Most of Hammurabi's penalties for crimes are much more severe than our current punishments. As previously mentioned the penalty for rape is much stricter than our current jail sentence, as were penalties for breaking and entering (death), and looting (death). Most interesting are the penalties for killing a man's family member. The family member of the guilty would be killed. This perpetuates the idea of the descendants being held responsible and suffering for the faults of their father. A man would be made to suffer the same that he caused another to suffer. This is certainly a reason to follow the golden rule "Do onto others as you would have them do unto you"
Presumption of innocence is the idea that you are not guilty until it is proven. This was very important in the justice system created by Hammurabi's Code and continues to be very important in the USA today. Hammurabi's justice required undeniable proof. When men and their family members were to be killed or maimed, guilt had to be certain and there was to be no corruption of judges. In the USA we now have 2 forms of justice systems working side by side. Perhaps because our punishment is not as severe we can afford some error. However, in our criminal law we require guilt to be proven "without a reasonable doubt" which is much stricter than our civil law which only requires the "preponderance of evidence." It is interesting to note that a judgement in criminal court could lead to capital punishment, but in civil court, only fines. The case of O.J. Simpson is a perfect example of this. He was acquitted in criminal court because the jury could not agree there was not reasonable doubt, but found guilty in civil court because the evidence of guilt was greater than not.
code of laws
1) Hammurabi's Code were organized into the possible divided categories of the basic rules in judging a case, property/ownership regulations, marriage/family orders and the penalties involved with violating these laws. The main objective that I acknowledged from Hammurabi's Code is the importance within property ownership. There were a couple of them that I found almost too similar. Examples include the rules of "property" ownership of a slave, which can be found from #16 and #19. The second law which was also found very similar includes the property ownership of land, which can be found from #30 and #31. These laws created to be very specific towards ownership with property can be concluded that property was very crucial. # 30 of the Hammurabi's Code states that "If a chieftain or a man leave his house, garden, and field and hires it out, and some one else takes possession of his house, garden, and field and uses it for three years: if the first owner return and claims his house, garden, and field, it shall not be given to him, but he who has taken possession of it and used it shall continue to use it."; Whereas, The property law in the United States from the Rent Regulations does not remove a property from the owner after three years.
Hammurabi
1)Hammurabi's laws seem somewhat cruel compared to the society's laws by which we live today. Not are they only divided into groups of same interest, but they also follow the same logic. The most common groups that stand out are family, the public as in merchants, servants and slaves, and the authority. All the laws seem to have a common idea of being equally treated as in "eye for an eye" and "tooth for a tooth" (Hammurabi, 196 & 200). The laws also give the society a chance to be proven innocent by presenting evidence to support their words. Law #154: If a man be guilty of incest with his daughter, he shall be driven from the place. Today we follow the same logic so in this case where the daughter is sexually abused or touched by her father, he will get arrested and kept away from his daughter. The difference between today and back then is that, today jail keeps offenders away from their victims for certain, but back then there was no guarantee that they won't come back.
2) If a man in today's society was to kill someone else's wife, he would be put to jail for a long time for his act. If a man was to do the same but only go by Hammurabi's laws, either his wife or his daughter would be put to death for the man's act. A lot of crimes are committed today because people know that they will go to jail instead of getting their arms cut off or drowned, or their eye poked out. Today it is easier to get away with committing crimes with the help of lawyers and money. Back then, if a man was a middle class citizen and could not find any witnesses to confirm his purchase or his appearance, it could of cost him his leg, his property or even his life. Hammurabi's laws are merciless with no way to reverse them but do serve a good example to others, as in comparison with our society where criminals are given second chances and ideas to others.
3) "Presumption of innocence" was the first step towards treating people equally. It meant that the accused person now had a chance to provide his own evidence to defend himself and his punishment would not be solely based upon the accuser's statements. It basically meant that the accused one was innocent until proven guilty. To show an example I will take the O. J. Simpson 1994 case where Mr. Simpson was accused of killing his wife, Nicole Brown Simpson, and her lover, Ronald Goldman for having an affair. Even though some evidence pointed at Mr. Simpson's involvement in their deaths, he was still proven innocent in front of the judge and walked out with only fines to pay. Before Hammurabi's laws if anyone was to accuse a not so wealthy man of cheating, betraying, stealing, or killing, the accused would be automatically killed for their unproven wrongdoings, but with Hammurabi's laws, the society had a chance to prove themselves right.
2) If a man in today's society was to kill someone else's wife, he would be put to jail for a long time for his act. If a man was to do the same but only go by Hammurabi's laws, either his wife or his daughter would be put to death for the man's act. A lot of crimes are committed today because people know that they will go to jail instead of getting their arms cut off or drowned, or their eye poked out. Today it is easier to get away with committing crimes with the help of lawyers and money. Back then, if a man was a middle class citizen and could not find any witnesses to confirm his purchase or his appearance, it could of cost him his leg, his property or even his life. Hammurabi's laws are merciless with no way to reverse them but do serve a good example to others, as in comparison with our society where criminals are given second chances and ideas to others.
3) "Presumption of innocence" was the first step towards treating people equally. It meant that the accused person now had a chance to provide his own evidence to defend himself and his punishment would not be solely based upon the accuser's statements. It basically meant that the accused one was innocent until proven guilty. To show an example I will take the O. J. Simpson 1994 case where Mr. Simpson was accused of killing his wife, Nicole Brown Simpson, and her lover, Ronald Goldman for having an affair. Even though some evidence pointed at Mr. Simpson's involvement in their deaths, he was still proven innocent in front of the judge and walked out with only fines to pay. Before Hammurabi's laws if anyone was to accuse a not so wealthy man of cheating, betraying, stealing, or killing, the accused would be automatically killed for their unproven wrongdoings, but with Hammurabi's laws, the society had a chance to prove themselves right.
Monday, September 1, 2008
Hammurabi Code of Laws
The Code of Laws was created in 1780 B.C. and it was enacted by Hammurabi, the sixth Babylonian King. The Hammurabi code is composed of 282. The code of laws was created to keep the stability in the social, political, and economic system of the society. Some of those rules were modified by the time, but they steel being used until the present, such as: capital punishment and business rules.
Capital punishment was a very common rule in the
The business rules created during that time was so well developed that we still using those rules today, such as: interest rates, fines in money for wrong doing, and private property taxation and divisions. As mentioned from rule 26 through125, they used of corn, animal and other products to exchange for goods. Another example is the use of contract to prove of a deal and the use of the lands as commerce. They were so smart to discover that economic system must involve a protection of private ownership of property and control of exchanging of goods and services. They created some rules to protect the owner’s use of property and to help to introduce new way of agreement, such as: the creation of exchanges of property and services contracts. Until now we still use contracts and commercial papers for sales, business and for the use of property.
In conclusion, The Code of Laws was a very good creation that still being used until the present time. Some rules were changed to adequate to our new society, such as the eye to eye and teeth to teeth punishment, but the fundament of the law still being used in criminal and business law.
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