Peter Jones

How would Athenians have dealt with Donald Trump?

Getty Images 
issue 08 June 2024

Has Humpty-Trumpty had a great fall, or a great bounce? That will depend on what the Great American Public thinks was at stake in his trial. It was ever thus in the democracy of ancient Athens.

In the absence of a state prosecution service, all legal cases in ancient Athens were brought by individuals. But a jury trial often had to await the result of an attempt to settle out of court. This consisted of two mediation processes: one private and, if that failed, the other public under an appointed arbitrator. If there was still no agreement, the case went to trial before a randomly selected jury of between 200 and 1,000 Athenians, selected from an annually empanelled body of 6,000 male citizens in good standing, aged over 30.

There were no presiding judges, barristers, solicitors, rules of evidence (etc.), and no cross-questioning of witnesses, whose evidence was read out. The two parties each made their case in a single (timed) speech, the jury retired and without further discussion, let alone instructions from legal authorities, produced a majority verdict by secret ballot, which could not be appealed.

Comments

Join the debate for just $5 for 3 months

Be part of the conversation with other Spectator readers by getting your first three months for $5.

Already a subscriber? Log in