Judicial Process and Proof

Chapter 4 deals with key aspects of the judicial process in ancient Mesopotamia. Beyond the use of various forms of evidence in trials, ordeals are attested. These ordeals were intended to determine cases in reliance upon the gods, which also provided an element of religious coercion. In particular, the River Ordeal and the Oath Ordeal are discussed in relation to the prison goddess. The literary vision of the judicial process is situated in the context of the actual judicial process as attested in the documents of practice. The literary vision and awe of the judicial ordeal are also attested in other literary texts, which receive consideration in this chapter, as well. The awe-inspiring context of approaching the king and partaking in ordeals before the gods were intended to reveal the truth, induce honesty, and determine guilt. By considering the judicial process in connection with imprisonment, it is demonstrated that imprisonment in relation to “crime” largely functioned as a place of holding until trial and until punishment but not as punishment.