Blackstone’s formulation

Blackstone’s formulation says that it is "better that ten guilty persons escape than that one innocent suffer."

I think that’s about right.

Note that Blackstone did not say that it is "better than ten thousand guilty persons escape than that one innocent suffer." Nor did he say that "one innocent suffering is sufficient cause to invalidate a system of justice."

In a reality, any "justice system" is going to create some situations in which the innocent are punished.

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2 Responses to Blackstone’s formulation

  1. Erik says:

    “Note that Blackstone did say … Nor did he say” appears to be missing a “not” in the first bit.

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