Code of Hammurabi

Paper Summary:

This paper discusses the code of Hammurabi, which was the first, extant written record of law in human history, designed to govern people in a harsh land, under harsh conditions. Its purpose was that the strong should not harm the weak. With this in mind, and also the strict punishments present in the rest of the code, the law-giver was careful that his judicial system itself did not become a weapon in the hands of the accusers. Unlike our own system of justice, Hammurabi's Code has equally harsh penalties for those who bring false accusations as those who commit crimes. This paper looks at how the present day issue of protecting defendants against prosecutorial misconduct against offenses that are questionable has become an issue in cases of rape. However, as the paper asserts, the punishments meted out to false accusers are not comparable to those suffered by an individual who is convicted of an offense of rape in our society.

From the Paper:

"Why not prosecute the woman, given that it is possible to prosecute individuals for bringing about false allegations? Hammurabi's Code specifies only one punishment for all crimes of unfair allegations--death. However, in our society, we have begun to understand that there are different levels of criminal intent and criminal activity. A woman may believe she was raped but although she feels hurt, what she experienced may not meet the legal definition of rape. She may have felt emotionally manipulated or pressured to engage in sexual activity, but for a rape to exist legally, more than a vague sense of discontent must be present. In the Duke case specifically, in direct contradiction to her story, the two DNA tests conducted by the prosecutor's office found no match between any of the three students accused of rape and the accuser ("Duke Lacrosse prosecutor faces ethics complaint," CNN Law Center, 2006)."

Sample of Sources Used:

• "Duke Lacrosse prosecutor faces ethics complaint." CNN Law Center. 26 Dec 2006 - 6 Sept 2007. http://edition.cnn.com/2006/LAW/12/28/duke.lacrosse/index.html
• Hooker, Richard. "Mesopotamia: The Code of Hammurabi." Full Text. Site created by Richard Hooker. World Civilizations. Updated 6 Jun 1999. 7 Sept 2007. http://www.wsu.edu/~dee/MESO/CODE.HTM
• Meadows, Susannah & Evan Thomas. "A Troubled Spring at Duke." Newsweek. 10 Apr 2006. 6 Sept 2007. http://www.msnbc.msn.com/id/12115147/site/newsweek/

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