Public Justice and the Criminal Trial in Late Medieval Italy

Joanna Carraway Vitiello, Ph.D. (2007), University of Toronto, is Associate Professor of History at Rockhurst University in Kansas City, Missouri. Her publications include studies of medieval criminal justice and criminal procedure.

Contents
Acknowledgements ix
Abbreviations xi
Introduction
Justice, Power, and Context 1
Inquisition, Authority, and Adaptation 2
Local Variations in Criminal Procedures 6
Late Medieval Justice: A Case Study 9
1 Power, Jurisdiction, and Criminal Investigation 13
The Signore and the Law at Reggio Emilia 22
Municipal Statutes 23
Foreign Rectors 25
1 Office of the Podestà at Reggio Emilia 26
2 The Criminal Judge 31
3 Notaries of the Criminal Court 35
4 Other Foreign Officials 36
The Lords of the Contado and the Question of Jurisdiction 37
Criminal Jurisdiction and the Reporting of Crime 42
Apprehension of Malefactors 50
2 The Formation of a Criminal Inquisition 54
The Use of Private Accusatio Procedure at Reggio 55
Inquisitions ex officio 56
Public Officials and the Initiation of Inquisition Trials 65
Inquisitions Initiated by Private Parties 66
Features of the Inquisitio ex querela 67
The Narrative of the Crime 82
Citation 84
The Trial Process 85
3 Fama, Notoriety, and the Due Process of Law 88
Fama, Public Knowledge, and Proof 89
Semel malus, semper malus? The Presumption of Innocence and
Mala Fama 96
Ordinem iudiciarium non servare, est iuris ordinem servare: Notoriety
and Due Process 104
4 Proofs, Defenses, and the Determination of Guilt or Innocence 114
Full and Certain Proof: Confession and the Problem of Torture 115
Testimony and Witnesses 123
Medical Evidence and Expert Testimony 127
Protections in Municipal Law and the Right to a Defense 133
Responses: Confessions, Denials, and Exceptions 135
Fama and the Defense 136
5 Resolutions: Conviction, Absolution, and Mitigation 147
The Weighing of the Evidence: Statutory Proofs vs. Judicial
Discretion 149
Contumacy, Conviction in absentia, and the Criminal Ban 151
Judicial Discretion in Punishment 157
Pecuniary Punishments 163
Shaming Punishments, Corporal Punishments and Capital
Punishments 164
Incarceration 167
Capital Punishments 173
Mitigation and Instrumenta Pacis 177
Signorial Participation in the Administration of Justice: Instruction,
Cancellations, and Pardons 192
Gratia and the Cancellation of Proceedings 197
Conclusion 202
Bibliography 205
Index of Names 216
Index of Places 217
Index of Subjects 218