History of Europe

The popular jury… a Greek tale

A few years ago I received a notification informing me that for two years I was going to be part of the list of candidates for the jury... What a joy! (pure irony). Two years passed and, in the end, I didn't have to go through that drink. Although according to article 125 of the 1978 Constitution and the approval of the Jury Law of 1995 it is a right and a duty for citizens to participate in the administration of justice, I consider it a task for the jury and for the accused. But if we look back, to Ancient Greece, where democracy and citizen participation in the organs of power were born, we will see that it was atale, in this case, a Greek one.

In Ancient Greece, 6,000 citizens were chosen by lottery every year from among the volunteers of more than 30 years who had registered to be part of the courts of justice. Every day, and depending on the number of lawsuits, they were distributed through a draw, made with machines called cleroterias , at a rate of no less than 201 members per court that, in some relevant cases, could reach up to 2,001. But always an odd number to avoid ties. After listening to the parties during the time marked by the clepsydra , and without prior joint deliberation, they cast their vote (a black or white pebble). The process seems clean and fair, it seems…

The fact of being part of a jury was financially remunerated but with such a small amount that the only volunteers who signed up to be part of the lists were indigent, sick people who could not work, elderly people without resources... people without a job or benefit . In addition, since the defense and the accusation were carried out by the interested parties themselves, justice was not based on evidence and truth but on the art and grace that each one had when making speeches and influencing the jury. . Since not everyone had that grace, the logographers gained special importance. who, upon payment, advised them on their interpretation and they wrote their speech, even creating a literary figure... the etopeya (describe the qualities and virtues to influence the jury regardless of the specific lawsuit).

So, according to the representation of Justice, the scales were not very balanced and the blindfold was translucent.

Source:Banquets and battles – Javier Murcia Ortuño