what was society before the code of Hammurabi, during, and describe how the code of Hammurabi and lex talionis affect the way we deal with punishment today

Code of Hammurabi was the basis for order and certainty in Babylon. In the code, restoration of equity between the offender and victim was stressed.

crime centered on the victim, not the state.

¥ Code of Hammurabi

¥ One of the 1st attempts to establish a written code of conduct

¥ Establish certain obligations and objectives for citizens to follow

¥ Beginning of state administered punishment

¥ Possibly the first "victim rights statute"

¥ Restoration of equity btw the offender and victim

¥ Victim to be made as whole as possible & gave up vengeance

A criminal would be punished because he or she deserved it, and the punishment would be equal to the harm caused. Punishment based on these notions is consistent with retribution. This focus on the victim continued until the Industrial Revolution, when criminal law shifted to considering crimes violations against the state rather than the victim. Once the victim ceased to be seen as the entity harmed by the crime, the victim became secondary. Although this shift most certainly benefited the state—by allowing it to collect fines and monies from these newly defined harms—the victim did not fare as well. Instead of being the focus, the crime victim was effectively excluded from the formal aspects of the justice system.

¥ Transition from victim to criminal justice system

¥ The beginnings if the "State" defined as the victim.

¥ Introduction of fines by feudal barons and nobility

¥ Common Law

¥ Judges used unwritten legal precedents to decide cases

¥ 11th c-Court decisions were recorded for future use.

¥ Most important aspect of today's modern American law

¥ Industrial Revolution

¥ Developed into

¥ England-Magna carte (1215)

¥ U.S. constitution (1787)

¥ Industrial revolution

¥ Transformation from rural/agrarian society to urbanized communities

¥ Crime now seen as a threat to the social fabric

¥ Victim becomes a witness for the state

¥ Redefined criminal acts as violations against the state

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