"It is better that ten guilty persons escape than one innocent suffer"
About this Quote
Blackstone’s line isn’t a soft-hearted plea for mercy; it’s a hard-edged rule for wielding state power. A judge in an era when the “Bloody Code” still made theft a hanging offense, he’s drawing a bright line between private fear and public legitimacy: the legal system must be engineered to avoid wrongful punishment even when that means tolerating some undeserved acquittals. The specific intent is institutional, almost architectural. He’s telling lawmakers and courts to build procedures that bias toward error on the side of freedom, because the alternative invites a more dangerous error: a government that can ruin the innocent with clean conscience.
The subtext is about asymmetry. A guilty person escaping is a failure of enforcement; an innocent person suffering is a failure of justice itself. Blackstone treats those failures as morally and politically unequal, because punishment isn’t just a bad outcome, it’s the state’s most intimate intrusion on the body and life. If the state can’t reliably distinguish guilt from innocence, its authority becomes indistinguishable from coercion.
The “ten” isn’t actuarial math; it’s rhetorical calibration. By making the ratio explicit, Blackstone forces readers to confront a trade-off most societies prefer to pretend doesn’t exist. The line functions as a constraint on prosecutorial zeal, public vengeance, and the seductive narrative that safety justifies shortcuts. It’s a warning: the credibility of law is purchased with restraint, and the invoice comes due precisely when the crowd demands certainty.
The subtext is about asymmetry. A guilty person escaping is a failure of enforcement; an innocent person suffering is a failure of justice itself. Blackstone treats those failures as morally and politically unequal, because punishment isn’t just a bad outcome, it’s the state’s most intimate intrusion on the body and life. If the state can’t reliably distinguish guilt from innocence, its authority becomes indistinguishable from coercion.
The “ten” isn’t actuarial math; it’s rhetorical calibration. By making the ratio explicit, Blackstone forces readers to confront a trade-off most societies prefer to pretend doesn’t exist. The line functions as a constraint on prosecutorial zeal, public vengeance, and the seductive narrative that safety justifies shortcuts. It’s a warning: the credibility of law is purchased with restraint, and the invoice comes due precisely when the crowd demands certainty.
Quote Details
| Topic | Justice |
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