Abstract

NOTARI, Tamás. Handling of Facts and Forensic Tactics in Cicero's Pro Roscio Amerino. Nova tellus [online]. 2011, vol.29, n.1, pp.129-158. ISSN 0185-3058.

Pro Sexto Roscio Amerino is Cicero's first "criminal case", in which he tries to clear his defendant of the charge invented by his relatives and the dictator's confidant under the pretext of Sulla's massacres. Sextus Roscius junior was charged with patricide by his relatives asserting that he had his father murdered in June 81. By the assistance of Sulla's confidant, Chrysogonus, the relatives attained that the victim's name-although he was considered the dictator's adherent-should be included in the register of persons inflicted by proscriptio, and so his property could be sold by auction, of which both Chrysogonus and the relatives of the murdered man had their handsome share, except for, "as a matter of fact", Roscius senior's son, who was thus done out of his inheritance. To enjoy the treacherously obtained property in safety, they wanted to get the lawful inheritor out of the way by a well-thought out Justizmord, therefore, they charged him with par(r)icidium. The case covered a dangerous political swamp, so they thought that none of the illustrious advocates of the age would undertake the defence. However, the young Cicero resolved to represent the case that seemed hopeless not so much for legal but much more for political reasons; his undertaking -which was eventually crowned by success- required a lot of courage, precise handling of the facts of the case and rhetoric skill, yet, in the long run established the reputation of the ambitious advocate and launched his career as an orator and a man of public affairs. Afterwards, the orator speaks about the acknowledgement obtained through the successful statement of the defence, on the one hand; and, seriously criticizes his own one-time overflowing, unrestrained style, yet, appreciating his own courage, on the other. First, we intend to shed light on the historical situation; after that, we outline the statutory background of the crime that provides grounds for the charge. Finally, we analyse the handling of the facts of the case applied in Pro Roscio Amerino and the rhetorical tactics by which he uncovered the real movers of the invented charge and their motivation and attained the acquittal of the accused.

Keywords : Cicero; Pro Roscio; Criminal Law; Parricide; Proscription; Handling of Facts; Forensic Tactics; Rhetoric.

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