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Important support for Stone's conclusion comes from the earliest surviving reference to the trial of Socrates that does not come from one of his disciples. In 345 B.C.E., the famous orator Aechines told a jury: "Men of Athens, you executed Socrates, the sophist, because he was clearly responsible for the education of Critias, one of the thirty anti-democratic leaders."
James Colaiaco's conclusion that impiety received more prosecutorial attention than did political sins rests on Plato's Apology. Colaiaco sees Plato's famous account of the defense of Socrates as being--although far from a verbatim transcription of the words of Socrates--fairly representative of the major points of his defense. He notes that Plato wrote the Apology within a few years of the trial and must have expected many of his readers to have firsthand knowledge of the trial. Why, Colaiaco asks, would have Plato misrepresented the arguments of Socrates, or hid key elements of the prosecution's case, when his actions in doing so could so easily be exposed? Since the Apology seems to give great weight to the charge of impiety--and relatively little weight to the association of Socrates with the Thirty Tyrants--Colaiaco assumes this must have been a fair reflection of the trial. At the same time, Colaiaco recognizes that because of the association of Socrates with Critias "the prosecution could expect any Athenian jury to harbor hostile feelings toward the city's gadfly."
Piety had, for Athenians, a broad meaning. It included not just respect for the gods, but also for the dead and ancestors. The impious individual was seen as a contaminant who, if not controlled or punished, might bring upon the city the wrath of the gods--Athena, Zeus, or Apollo--in the form of plague or sterility. The ritualistic religion of Athens included no scripture, church, or priesthood. Rather, it required--in addition to belief in the gods-- observance of rites, prayers, and the offering of sacrifices.
Any number of words and actions of Socrates may have contributed to his impiety charge. Preoccupied with his moral instruction, he probably failed to attend important religious festivals. He may have stirred additional resentment by offering arguments against the collective, ritualistic view of religion shared by most Athenians or by contending that gods could not, as Athenians believed, behave immorally or whimsically. Xenophon indicates that the impiety charge stemmed primarily from the contention of Socrates that he received divine communications (a "voice" or a "sign") directing him to avoid politics and concentrate on his philosophic mission. A vague charge such as impiety invited jurors to project their many and varied grievances against Socrates.
Dozens of accounts of the three-hour speech (apologia) by Socrates in his defense existed at one time. Only Plato's and Xenophon's accounts survive. The two accounts agree on a key point. Socrates gave a defiant--decidedly unapologetic--speech. He seemed to invite condemnation and death.
Plato's apology describes Socrates questioning his accuser, Meletus, about the impiety charge. Meletus accuses Socrates of believing the son and moon not to be gods, but merely masses of stone. Socrates responds not by specifically denying the charge of atheism, but by attacking Meletus for inconsistency: the charge against him accused him of believing in other gods, not in believing in no gods. If Plato's account is accurate, Socrates could have been seen by jurors offering a smokescreen rather than a refutation of the charge of impiety.
Plato's Socrates provocatively tells his jury that he is a hero. He reminds them of his exemplary service as a hoplite in three battles. More importantly, he contends, he has battled for decades to save the souls of Athenians--pointing them in the direction of an examined, ethical life. He reportedly says to his jurors if his teaching about the nature of virtue "corrupts the youth, I am a mischievous person." He tells the jury, according to Plato, he would rather be put to death than give up his soul-saving: "Men of Athens, I honor and love you; but I shall obey God rather than you, and while I have life and strength I shall never cease from the practice and teaching of philosophy." If Plato's account is accurate, the jury knew that the only way to stop Socrates from lecturing about the moral weaknesses of Athenians was to kill him.
