"It is better that ten guilty escape than one innocent suffer"
About this Quote
A legal system gives away its moral temperature in what it’s willing to risk. Blackstone’s line doesn’t romanticize criminals; it places the state itself on trial. His wager is blunt: the horror of punishing an innocent person is so corrosive that it outweighs the practical embarrassment of letting the guilty slip through. That imbalance is the point. The quote is less a slogan about mercy than a constraint on power, a reminder that the government’s most frightening tool isn’t leniency but certainty.
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.
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 | Commentaries on the Laws of England (William Blackstone, 1765–1769) — often cited line: "Better that ten guilty persons escape than that one innocent suffer." |
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