88
The laws, the oaths, the sacrifices, the proclamations, in fact the entire proceeding in connection with trials for murder differ as profoundly as they do from the proceedings elsewhere simply because it is of supreme importance that the facts at issue, upon which so much turns, should themselves be rightly interpreted. Such a right interpretation means vengeance for him who has been wronged; whereas to find an innocent man guilty of murder is a mistake, and a sinful mistake, which offends both gods and laws.
89
Nor is it as serious for the prosecutor to accuse the wrong person as it is for you jurors to reach a wrong verdict. The charge brought by the prosecutor is not in itself effective; whether it becomes so, depends upon you, sitting in judgement. On the other hand if you yourselves, when actually sitting in judgement, return a wrong verdict, you cannot rid yourselves of the responsibility for the mistake by blaming someone else for that verdict.
90
Then how can you decide the case aright? By allowing the prosecution to bring their charge only after taking the customary oath, and by allowing me to confine my defence to the question before the court. And how will you do this? By acquitting me today. For I do not escape your sentence even so: you will be the judges at the second hearing also.True only in a general sense. The present jury was composed of ordinary Heliasts; whereas the jury at a δίκη φόνου would consist of ex-arkhons, sitting as members of the Areopagus. Euxitheus is speaking as an alien, and by ὑμεῖς means you Athenians. If you spare me now, you can treat me as you will then; whereas once you put me to death, you cannot even consider my case further.
