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Unexplained

S03 Episode 2: Lex Talionis (Pt. 1 of 2)

Unexplained

iHeartPodcasts

Science, Society & Culture, History

4.49.7K Ratings

🗓️ 24 April 2018

⏱️ 27 minutes

🧾️ Download transcript

Summary

Part 1 of S03 Episode 2: Lex Talionis( Warning: contains scenes of a distressing nature)
A 2014 study concluded that over 4% of people sentenced to death in the United States of America, have been convicted for crimes they did not commit;Some might consider this little more than an unfortunate consequence of en essential system. Others however, might think twice given how often support for capital punishment stems largely from that old maxim of an eye for an eye.
After all, as some might say, just because those innocent people are now dead, it doesn’t mean they won’t still be seeking retribution... Lex Talionis tells the strange and tragic story of Johnny Frank Garrett, who some believe was sentenced to death for a crime he did not commit. Others, think he may have had his revenge too.
Go to @unexplainedpod, facebook.com/unexplainedpodcast or unexplainedpodcast.com for more info. Thank you for listening.

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Transcript

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0:00.0

Let's Talionus, or the law of retaliation, is perhaps better known by the more familiar

0:16.1

maxim of taking an eye for an eye.

0:20.8

Although codes of law had been established many years previously, the formal enacting

0:26.0

of reciprocal justice is thought to have originated in Babylonian times, with an ancient code

0:32.3

proposed by Babylonian king, Hammurabi.

0:37.6

Carved onto a basalt pillar, sometime around the middle of the 18th century, BCE, Hammurabi's

0:44.2

code consists of 282 laws, outlining a variety of crimes, from simple theft to the refusal

0:51.8

of accepting corn as a payment for a drink, alongside the various punishments criminals

0:57.2

could expect to receive for perpetrating them.

1:01.8

It is here, over a thousand years before the creation of the Torah, later adapted as

1:07.1

the Old Testament, that we first find such retributive ideas as if a man has destroyed

1:13.2

the eye of a man, they shall destroy his eye, or if a man should knock out the teeth

1:19.6

of his equal, his teeth shall too be knocked out.

1:25.0

The code listed 25 crimes that were considered capital offenses, meaning those that were punishable

1:31.4

by death.

1:32.4

However, it isn't until the 16th century BCE that we see the first evidence of capital punishment

1:39.9

actually being carried out, with the enforced suicide of an Egyptian nobleman accused

1:45.5

of the heinous crime of practicing magic.

1:50.2

Although invariably skewed in favour of the wealthier classes, it could be said that

1:55.4

such penal laws were vital for the management of increasingly complex societies.

2:02.1

For better or worse, in the years since those first punishments were meted out, capital

2:07.1

punishment has been employed at some point by almost every nation and culture that has

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