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Encyclopedia of society and culture in the medieval world (4 volume set) ( facts on file library of world history ) ( PDFDrive ) 294

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crime and punishment: The Americas  267 controlling the population The laws were not considered fair, because the equal treatment of all citizens was not assumed, as it is today The 15th-century Texcocan ruler Nezahualcoyotl was the first to establish a supreme legal council, under which the ruler himself could alter only specific legal policies Nezahualcoyotl was arguably the most significant lawgiver of the Aztec world Among his accomplishments was the institution of 80 sets of laws divided into four parts, each part overseen by a supreme council Most of these laws were designed to protect and benefit the state as a whole Texcocan noblemen were elected to official positions to facilitate the legal process The many provinces of Texcoco were organized into six regions for purposes of collecting taxes and other legal issues Each of these regions was assigned two judges who served at the main palace in Texcoco The judges oversaw all cases pertaining to their respective jurisdictions and sentenced criminals with the approval of the supreme leader These local judges were allowed to pass sentence on those who broke minor laws If the crime was particularly serious, a judge could hand down a sentence without any official defense for the accused, but this circumstance appears to have been rare Colonial Spanish chroniclers suggested that general councils were held every 10 to 12 days to decide minor or clear-cut cases Another council known as the nappapoallatolli was held every 80 days to decide difficult or unresolved cases These were most often resolved by public punishment or execution While the specific circumstances are unknown, it seems that accused persons could appeal their sentences By all accounts, most accused persons received some type of trial to decide their punishment While the exact court procedures are not entirely understood, we know that witnesses could be called during trials and evidence could be submitted Some colonial accounts have suggested that witnesses were sworn to tell the truth by an oath to the earth goddess Similarly, judges were required to be truthful and honorable in their post They were forbidden to receive gifts or bribes under penalty of being removed from their position Within the courtroom there were bailiffs and scribes who recorded the proceedings of the trial There has been some evidence to suggest that there were persons acting as trial lawyers, but this information is not conclusive Adultery, drunkenness, and treason are the crimes most often discussed in colonial chronicles It should be noted that men of military rank or nobility would receive less severe punishments than the common man Punishment was often physical rather than financial; it might include dismemberment, beating, stoning, or mutilation These penalties were sometimes used in combination with such nonphysical punishments as verbal reprimands or public humiliation The punishment for adultery varied according to the status of the perpetrator and the severity of the crime Adulterers could face stoning, strangulation, or even burning alive as punishment Alcohol consumption was acceptable as long it was associated with some type of celebration or medicinal purpose Some areas of the empire were more tolerant of drunkenness than others When punishment was strictly enforced, it could be as severe as strangulation Theft was considered the worst possible offense and punished most severely Again, the punishment would vary according to the magnitude of the theft and the value of the stolen property Stealing goods from the public market was regarded as particularly offensive Convicted thieves were often punished by strangulation Often the bodies of these offenders would be dragged through the streets as a warning to others A less harsh sentence for theft made the perpetrator a slave to the victim until the stolen goods were paid for Similarly, in business and land laws a person who failed to pay a debt would be jailed until the debt was paid or made the slave of the person to whom they were in debt Most of our information about crime and punishment in South America during this period concerns the Inca Empire of Peru The empire was strongly centralized and implemented Incan law over any new territories it acquired The Inca (chief ruler) was an absolute monarch, and his rule was to be upheld by all persons under the empire’s control Even so, some local laws were kept in place, as deemed necessary by officials Like Aztec law, much of Incan law centered on social control, collecting taxes, and forcing new territories to accept Incan authority The justice system served primarily to compel obedience from commoners Laws were enforced by several different methods, including spying, investigation, and sentencing by the central government While some colonial chroniclers suggested that there was an official court in the capital city of Cuzco, its existence has not been definitively established We know that there was a hierarchical trial system in place that began at the level of the local governors and went up to the high court of the Inca state There is no evidence, however, that the Incan legal system had lawyers Unlike the Aztec judicial system, there is no evidence that the Incan system required people to swear oaths Incan laws were enforced at the local level by persons called mitimaes, who judged crimes related to taxation They were also in charge of sentencing rebellious people in their communities and enforcing such cultural codes as the law that required all people to wear the characteristic clothing of the province in which they lived This requirement helped determine who owed taxes If someone altered his or her dress, they could be punished for attempted tax evasion Other low-level officials, called curacas, handled such community problems as property theft Often these crimes were punished by reprimand, public beatings, or even death, depending on the seriousness of the offense

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