A Case of Comparison

The judge bangs his gavel against the desk and yells, “Order in the court!” All eyes land on him. The jury look on obediently. The audience wait attentively for the trial to start. Meanwhile, the prosecution and defense ruminate to themselves. This scenario accurately reflects today’s stereotypical courtroom. Having said that, current courtrooms do not differ considerably from the earliest tribunals. That fact proves true in the playwright Aeschylus’ depiction of the primitive judiciary system in his play, The Eumenides. Aeschylus writes of a man by the name of Orestes who endures a trial for his crime of murdering his mother. Orestes’ trial distinctly resembles modern-day trials in various ways.

            One aspect of Orestes’ trial that reflects present-day trials resides in the concept of trial by jury. Athena, the goddess of justice who assumes the role of judge, appoints ten citizens to be “judges” from the “finest men of Athens” (498-503). These judges, like current judicial processions, essentially serve as jury members for the trial. Comparable to today, the individuals were selected from a pool of town citizens. Not only that, but they were the “finest” men. When citizens today are cited for jury duty, he or she is expected to arrive in court, but the person may or may not be selected. This owes reasoning to the fact that the judge and lawyers generally choose people based on what the attorneys would consider to be favorable or “fine” characteristics that would advance the prosecution or defense’s side of the case. Additionally, the number of citizens that Athena selected fall within the range of the 6-12 jurors that typically serve on juries today. More similarities exist between Orestes’ trial and modern trials.

            Another facet of Orestes’ case that displays correspondences to present-day court cases prevails in the notion of undisclosed voting. Athena commands “each man to cast his lot and judge the case, reverent to his oath” (724-725). In that situation, Athena asserts that each judge should vote according to what he believes while remaining loyal to his oath. In the same manner, modern jurors are expected to abide by an oath that substantially states that he or she will vote according to the facts without prejudice and not break his or her promise. Another characteristic that withholds similarities exposes itself in the anonymity of votes. When the judge reveals the verdict, in both Orestes’ trial and present-day trials, outsiders are unaware of each juror’s decision. This phenomenon subsists in order to preserve the delicate system of justice. It makes perfect sense that this system would appear in Athena’s court considering Athena is the goddess of justice. It also harmonizes with the purpose of today’s judiciary system, which is to preserve justice.

            My verdict is that Aeschylus presents an illustration of a trial that easily finds its place in our contemporary minds. We effortlessly picture the trial by jury and voting customs in the play that also exist in our society. I hereby dismiss him from all charges of incomprehensible setting and plot. Court (and essay) adjourned!