Code of Hammurabi

The first five laws in the Code relate to matters of accusation and trial. These laws provide severe penalties against abuses of the justice system, either by accusers or by judges. The laws prohibit bringing a case against someone without being able to prove one’s case, often with capital punishment falling on the false accuser. Elders are mentioned as a special class in Babylonian society who can arbitrate civic judgments, like the imposition of a fine. 

Even the river is afforded an adjudicatory role, as Law 2 describes a scenario in which someone fleeing an accuser jumps into the river, and whether that person survives or not is deemed a valid judgement of innocence or guilt: “But if the river prove that the accused is not guilty, and he escape unhurt, then he who brought the accusation shall be put to death” (29). While most of these trial laws address themselves to accusers, Law 5 ensures that judges will strive to be fair in their decisions, laying out a penalty of a weighty fine and removal from office for any judge whose judgment is later found to be in error.