The death penalty has been utilized throughout history as a means of retribution, deterrence and punishment. Parricide – referring to an act of killing an immediate family member – is no exception. Although the exact punishments for parricide in Ancient Rome have been lost to history, patterns showcase the severity of the punishment for this particular crime within Ancient Rome.
At the root of Ancient Roman justice laid the Lex Cornelia de sicariis, a set of laws introduced by Sulla that recognized three types of murder: parricide (the killing of a relative); homicide (the killing of an unknown individual); and omicidium (the killing of a member of the same social class). With regards to parricide, it was viewed as a particularly heinous crime as it violated the sacred ties of kinship and gravely endangered the household, the cornerstone of Roman society. Roman law established the death penalty as the just punishment for parricide and homicide.
Although the exact punishment varied across Ancient Roman history and depended on both the victim and perpetrator, multiple ancient sources attest to the extreme severity of punishment for parricide. Plutarch, writing in the first century AD, noted that parricide was seen as a transgression “above all others”. According to Cicero, the usual punishment was servitus – in which the perpetrator was tattooed and slaves were put to work in the mines. Alternatively, Seneca wrote that the usual punishment for parricide during his time was strangulation.
In one particular incident from the year 453BC, a man named Spurius Vettius was accused of parricide of his father and was in danger of being drowned in the Tiber river for his crimes, pursuant to the usual ‘right of revenge’ applied in such cases. Initially, it seems he was absolved from execution due to his age, but upon a further hearing, it was decided that he should be stoned.
What remains clear, however, is that parricide was viewed as a particularly heinous crime within Ancient Rome and those who committed the crime were met with a brutal and uncompromising death penalty.
The Natural Process of Prosecution and Punishment
When it came to charging someone with parricide, the process was lengthy, complicated and inflexible in Ancient Rome. It all began with an official trial following the accuser lodging an accusation with the magister of an official trial. This magistrate then required that all citizens in the city and county should be summoned to the trial. After formal judgement passed, the sentence was carried out the same day and was usually death, a punishment determined by the accuser, not the magistrate.
Senior Roman citizens had a considerable and privileged position when it came to accusing someone of parricide. They had the right to prosecute culprits and inflict the biggest fines, claiming whatever the accused possessed. In addition, the right had access to certain resources the average citizen did not have – such as an army. By using soldiers, they would set a hoard of punishments on their opponents, ranging from loss of property, physical punishment, loss of customs duties, taxes, fines and, understandably, the most severe penalty, death.
Of course, the best and most reasonable solution for the accused would be a particular type of agreement. For instance, the accused party could offer money or cede a part of his possessions in exchange for his allegedly punished crime. In that way, the accuser would claim money or property – this actually served to satisfy the accuser more than punishment from the accused.
Punishment for parricide can be viewed as a direct mirror of Ancient Roman justice and the socio-cultural ties that revolved around the concept of paterfamilias, compelling an accused parricide to pay heavily for the violation of familial duties and codes.
The Deterrent Effect of Parricide Punishment
The death penalty is no longer utilized in most countries in the modern era and is often viewed as a cruel and unusual punishment. However, in Ancient Rome, the use of death penalties served as a deterrent not only of parricide but also of other felonies. This severe punishment ensured that citizens had to abide by Ancient Roman law and in theory, work towards a healthier and more secure society for all.
The Ancient Roman concept of family demanded utmost protection from criminal practices, so people knew that if they committed any of the most outrageous criminal acts such as parricide, they would be subject to the harshest of punishments. Ancient Roman laws therefore dictated that if parricide occurred within a family, then the perpetrator would be exposed to the maximum extent of punishment by death.
The quality of the justice system within Ancient Rome can only be determined by the standards of its time but it is clear that the death penalty served as a powerful tool in deterring heinous crimes such as parricide. Statistically speaking, the citizens had to adhere to the law with no exception or leniency provided, ensurng the protection of the family and ultimately, the collective Ancient Roman society as a whole.
Societal Reactions and Attitudes
Societal reaction towards parricide in Ancient Rome was a complex affair. Highly dependent on the particular circumstances of the case, most people refused to accept the offence out of shock and condemnation. While some may have minimized the crime or overlooked it entirely, there were also families who despised the parricide and may have gone to drastic measures to avenge the deceased.
The level of animosity was so severe that even in cases where the accused party was tried, the mob or the general consensus heavily influenced the court’s decisions. Furthermore, certain social classes had more access to wealth than others, meaning an extremely wealthy family could have employed a skilled attorney to defend the accused or even bribe influential persons to possibly affect the outcome of the trial in their favour.
Not surprisingly, familial relations between a parricide perpetrator and his surviving relatives was often severed indefinitely. Ancient Roman society was a tight-knit one, with family relations playing a pivotal role in forming the public opinion. Therefore, many individuals often chose to break all connections with a person accused of the crime in order to distance themselves from the perpetrator and his/her crime.
Impact on Future Developments
The Ancient Roman justice system, including the death penalty for parricide, has served as a progenitor for many other legal systems throughout history. Its influence can be seen in the Code of Justinian, adopted around 527AD, which essentially draws upon Roman law to serve as the basis of many modern legal systems in the west.
The concept of the death penalty specifically, although essentially extinct in most countries in the modern era, is still a prevailing legal practice in a number of countries, notably China and India. The severity of the penalty lends to a deterrent effect on citizens who are aware that dire repercussions are in store if they commit heinous crimes.
The harshness of the death penalty as a punishment for parricide combined with Ancient Roman injustice, meant the trial and sentencing of parricides was an ever-evolving and complex process. As a result, those who did commit parricide were subject to an arduous procedure that inevitably led to their death sentence.
The Changing Nature of Parricide Punishment
While the death penalty served as the primary punishment for parricide in Ancient Rome, there were a number of cases where reprieve was granted to the accused. A notable example of this comes from Plutarch, who wrote that Publius Cornelius, accused of murdering his father, was exonerated after being branded as mad. Within Ancient Rome, mental illness provided a reasonable defense for the accused and in some rare cases, the penalty was changed to exile or imprisonment.
Another case describes the exceptional circumstance of a slave treated as a free man in regards to parricide punishment. When a slave parricide named Greventius killed his master, the sentence was likely to be death. But due to his master’s involvement in criminal activities, Greventius was granted a reprieve and instead sentenced to exile. These cases demonstrate how the severity of the punishment was adjusted depending on the social standing of the accused and the victim and perhaps even the broader political climate.
The death penalty, while still employed in some countries, has seen its usage steadily diminish across the globe in most modern countries. This could be owing to the evolving nature of justice systems, the incorporation of rights and freedoms and the continual redefining of member’s rights and entitlements. Despite this, however, parricide remains one of the most serious crimes in the modern era and is still met with a severe punishment.
The Debate on Capital Punishment
In the modern era, a growing number of citizens, academics, human rights organizations and general advocates for justice have come together to challenge the use of the death penalty for parricide in its various iterations. Largely, the debate focuses on the morality of the punishment, particularly as moral and ethical values have evolved in the present-day. Adversaries of this particular punishment stress the difficulty of seeing a family member executed and furthermore, the morality of forfeiting the life of another in the name of justice.
Proponents of capital punishment, on the other hand, cite deterrence, closure and the outweighed benefit of justice over compassion in certain cases. The long-paced process of courtesy and considerations, as well as forensic and psychological examinations to evaluate an offender’s mental state and/or diminished responsibility of the crime has also been observed as helpful in upholding the law. It is argued that such tests are beneficial in making sure the right person is receiving the right punishment – something heavily emphasized within the Ancient Roman system of justice.
Ultimately, the capital punishment serves as one of the main arguments between the antagonists and proponents of this penal system. Many feel that it ought to be abolished on the grounds of being an arbitrary act of justice which disregards human life. Others think it should remain a legal issuing due to the gravity of the crime and its constitutive implications for public safety and societal codes.
The Relevance of Parricide Punishment in Present-Day Society
The punishment for parricide may have changed and gradually adjusted over the years, however, the underlying message of justice sustains – those who commit heinous crimes will receive suitable punishment. In some way, this is relevant to the social and legal atmosphere of most countries in the modern era.
Citizens in the modern era are now shielded by the Bill of Rights and other legislative protection which allow for certain rights and freedoms in the present society. Some of which include freedom of speech, religion, assembly and access to justice. These protections strengthen the importance of the death penalty, making the debate of its relevance and importance even more weighted.
Nevertheless, the debate surrounding the implementation of capital punishment presupposes the gravity of the crime and its implications within the justice system. For parricide, the various penalty modes present a harsher treatment of the offender than regular homicides. This is underlined by the use of corporal punishment, death penalty, as well as limitations of access to certain rights, a furthered detereration of status, and a biased trial atmosphere.
The Historical Legacy of Parricide Punishment
Although the punishment for parricide in Ancient Rome can no longer be applied in the present society, its legacy holds a pertinent importance in our current understanding of justice and the moral repercussions of capital punishment. This legacy reflects the laws and frameworks in place today, with certain countries and states opting for the death penalty in certain cases.
Moreover, this legacy reflects the changing atmosphere and social values of Ancient Rome with regards to justice and punishment. It also highlights the importance of the family within Ancient Roman society and the impact of this institution on setting the tone, regulations and even punishments for those who crossed the lines of morality.
Recent studies into Ancient Roman justice and its development further attribute to the understanding of the death penalty for parricide. This analysis primarily focuses on the history, particular occurrences and the changing attitudes exhibited towards of the law in the Ancient Roman Empire. All of which are essential in the attempt to comprehend the concept of the death penalty and its application to the crime of parricide.
