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The first section of the pro Roscio Amerino is an introduction, in which Cicero presents the case as it was given to him by the defendant's advocate. He then presents the three charges brought against him in detail. He then goes over the laws governing the election of consuls, and the murder of citizens in Rome, and how the law stipulates the same punishment for the more serious crimes as for the less serious ones.

In the pro Roscio Amerino, the third section of the speech in defense of Marcus, Cicero explains to the jury that if they find Marcus guilty of the murder of Panaetius, they will have to take three principles into account. First, the law that would punish him for this is unjust. Second, there is a law that punishes the guilty person, even though not by force. Third, they cannot simply look at what Marcus is guilty of and take from it the crime of he who incites or assists in it. Marcus is innocent because he is only guilty of the deaths of Panaetius and his sons.

In the pro Atheniensi, the second section of the pro Roscio Amerino is a speech in defense of Marcus, a man who was accused of the murder of a man named Panaetius. Panaetius was killed at the instigation of his own relatives, who wanted to avenge the theft of some slaves. Marcus was accused of killing Panaetius under a law that stated that if a person incited or assisted his fellows to kill someone, the person inciting or assisting him would be punished by the law. Marcus is in prison because he was a man of great reputation and great wealth. His friends brought forward an unsavory character, a hired killer, who testified that Marcus incited him to kill Panaetius. The hired killer was not on trial, and his testimony only concerned the character of Marcus, and not the circumstances of the killing itself.

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