"It is better that ten guilty escape than one innocent suffer"
About this Quote
Blackstone wrote in an 18th-century Britain where the “Bloody Code” still made a stunning range of offenses capital crimes and where procedural safeguards were uneven, class-inflected, and often thin. Against that backdrop, the maxim reads as a civilizing brake. It assumes what modern publics sometimes forget in the heat of a moral panic: the courtroom is not a purity machine. Evidence is messy, witnesses lie, authorities cut corners, and juries bring their own biases. If error is inevitable, the system has to choose which kind of error it can live with.
The subtext is strategic and almost psychological. By setting the threshold absurdly high (ten to one), Blackstone trains judges and jurors to feel the weight of doubt, to treat liberty as the default setting. It also recasts acquittal not as failure but as discipline: a society proving it can resist the temptation to convert suspicion into punishment. In that sense, the maxim is an early articulation of what due process is for - not to coddle the guilty, but to keep the innocent from becoming collateral damage of the state’s appetite for closure.
Quote Details
| Topic | Justice |
|---|---|
| Source | Verified source: Commentaries on the Laws of England (Book IV) (William Blackstone, 1769)
Evidence: FOURTHLY, all presumptive evidence of felony should be admitted cautiously: for the law holds, that it is better that ten guilty persons escape, than that one innocent suffer. (Book IV, Chapter 27; *352 (some editions cite margin page *358)). This is the primary-source wording in Blackstone’s own work. The quote is often paraphrased as “It is better that ten guilty escape than one innocent suffer,” but Blackstone’s sentence includes the lead-in about presumptive evidence and uses “guilty persons.” The year 1769 corresponds to the original publication of Book IV of the Commentaries (the four volumes were published 1765–1769). Courts and later writers commonly cite the location as 4 Bl. Com. ch. 27 at margin page *358 (e.g., some U.S. case citations), but in the Yale Avalon transcription the sentence appears around *352 in that chapter, reflecting edition/pagination differences. Other candidates (1) Microeconomic Theory second edition (Michael Wetzstein, 2013)95.0% ... will not start until everyone is present and latecomers will not incur any penalty. What is the dominant strategy... |
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Citation Formats
APA Style (7th ed.)
Blackstone, William. (2026, February 18). It is better that ten guilty escape than one innocent suffer. FixQuotes. https://fixquotes.com/quotes/it-is-better-that-ten-guilty-escape-than-one-108252/
Chicago Style
Blackstone, William. "It is better that ten guilty escape than one innocent suffer." FixQuotes. February 18, 2026. https://fixquotes.com/quotes/it-is-better-that-ten-guilty-escape-than-one-108252/.
MLA Style (9th ed.)
"It is better that ten guilty escape than one innocent suffer." FixQuotes, 18 Feb. 2026, https://fixquotes.com/quotes/it-is-better-that-ten-guilty-escape-than-one-108252/. Accessed 28 Mar. 2026.








