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The term “Judicia populi” is a Latin phrase used in Roman law to describe the criminal jurisdiction of the comitia, an assembly of the Roman people. Women were not allowed to participate in these assemblies. For example, the Comitia Centuriata was an assembly that included the entire populace and voted by military units. It had the power to elect magistrates and act as a court of appeal in capital cases. Initially a military organisation based on property, it later became a legislative body under the Republic, replacing the Comitia Curiata. This example demonstrates the significance of the Comitia Centuriata in the legislative and judicial processes of the Roman Republic.
Another example is the Comitia Curiata, which was the oldest of the four assemblies of the Roman people. It consisted of the Populus Romanus divided into thirty curies during the regal period. This assembly could only meet when summoned by the King and had limited legislative power. It simply accepted or rejected proposals without the right to discuss or amend them. Its main role was to authorize private acts of citizens, such as wills and adoptions. Additionally, it held meetings under pontifical presidency to address matters of religious importance.
Lastly, the Comitia Tributa was an assembly of tribes that convened to elect lower-ranking officials. It was a regional classification, and its influence was determined by the number of tribes. The Comitia Tributa played a significant role in legislative activity during the later Roman Republic.
Judicia Populi, also known as “jury nullification,” refers to the power of a jury to acquit a defendant even if they believe the defendant is guilty based on the evidence presented. It allows the jury to disregard the law and render a verdict based on their own sense of justice.
Yes, Judicia Populi is legal in many jurisdictions, including the United States. It is considered a fundamental right of the jury to render a verdict based on their conscience, even if it goes against the law.
In some cases, a judge may attempt to prevent the jury from being informed about Judicia Populi or may discourage its use. However, it is generally difficult for a judge to completely prevent the jury from exercising this right.
Yes, Judicia Populi can be used in any type of case, including criminal and civil cases. However, it is more commonly associated with criminal cases where the jury may believe that the law is unjust or the punishment is too severe.
Yes, Judicia Populi can be used to nullify a law. If a jury believes that a law is unjust or unconstitutional, they have the power to acquit a defendant even if the evidence proves their guilt.
No, Judicia Populi cannot be used to nullify a conviction. Once a defendant has been convicted, the jury’s power to nullify ends. However, it can be used in subsequent cases to challenge the validity of the law or to advocate for its change.
In most jurisdictions, a juror cannot be punished for using Judicia Populi. The principle of jury independence protects jurors from any repercussions for their verdict, even if it goes against the law.
No, Judicia Populi cannot be used to promote discrimination or bias. It is meant to be a tool for justice, not a means to perpetuate injustice. Jurors are expected to base their decisions on the evidence presented and not on personal biases or prejudices.
No, Judicia Populi cannot be used to overturn a previous court decision. Once a decision has been made by a higher court, it is binding and cannot be nullified by a jury’s verdict.
Yes, Judicia Populi can be used in civil cases as well. If a jury believes that a law or a particular application of the law is unjust, they have the power to render a verdict in favor of the defendant, even if the evidence suggests otherwise.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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