- Ancient Athens: Trials were conducted before a large jury, often consisting of hundreds of citizens. The jury was responsible for both determining the guilt or innocence of the accused and imposing the sentence.
- Today: Juries in most modern legal systems are typically smaller and play a more limited role, focusing on determining the guilt or innocence of the accused. Sentencing is usually handled by a judge.
2. Voting Procedure:
- Ancient Athens: Voting in Athenian trials was done using counting devices, such as bronze balls or pebbles. In some cases, voting was done publicly, with each juror casting their vote openly.
- Today: Voting in modern trials is typically done by secret ballot, ensuring the privacy of the jurors' decisions.
3. Evidence Presentation:
- Ancient Athens: Evidence in Athenian trials was presented orally, with witnesses testifying in person. The accused could also present their defense and cross-examine witnesses.
- Today: Modern trials rely on a combination of oral and written evidence, including witness testimony, physical evidence, and expert testimonies. Cross-examination is also an essential part of trial procedure.
4. Role of the Accuser:
- Ancient Athens: In ancient Athens, anyone could bring an accusation against another citizen. The accuser had to present their case and convince the jury of the accused person's guilt.
- Today: In modern legal systems, prosecutions are typically conducted by government prosecutors who represent the state. The burden of proof lies with the prosecution to prove the guilt of the accused beyond a reasonable doubt.
5. Punishment and Appeals:
- Ancient Athens: Punishments in ancient Athens could range from fines to exile, imprisonment, or even capital punishment. There was no formal appeals process, but jurors could petition for a retrial in certain circumstances.
- Today: Modern legal systems have well-defined sentencing guidelines, and the right to appeal is a fundamental principle. Appeals processes allow for cases to be reviewed by higher courts to ensure fair outcomes.