"Rather leave the crime of the guilty unpunished than condemn the innocent"
About this Quote
The intent is rhetorical and political. Cicero, lawyer-statesman of a wobbling Roman Republic, knew courts were theaters of power as much as venues of truth. In a world where prosecutions could be weaponized by factions, condemning the innocent wasn’t a tragic accident; it was a feature of corrupted procedure. So he sets a public standard that binds judges and citizens alike: if you want legitimacy, you must tolerate the discomfort of imperfect outcomes. The unpunished guilty are a visible irritant; the condemned innocent are a poison that spreads quietly through civic life.
The subtext is about trust. Punishment is not just retribution; it’s a performance that claims moral authority. Once the state proves it can’t reliably distinguish guilt from innocence, every conviction becomes suspect and every acquittal looks like favoritism. Cicero’s formulation also nudges the audience toward restraint: skepticism of testimony, careful rules of evidence, higher burdens of proof. It’s an early argument for what modern law calls due process, framed in the Republic’s own language of honor and public virtue.
In an era anxious about mobs, vendettas, and political trials, Cicero is insisting that justice must fear itself most of all.
Quote Details
| Topic | Justice |
|---|---|
| Source | Help us find the source |
| Cite |
Citation Formats
APA Style (7th ed.)
Cicero. (2026, January 18). Rather leave the crime of the guilty unpunished than condemn the innocent. FixQuotes. https://fixquotes.com/quotes/rather-leave-the-crime-of-the-guilty-unpunished-9040/
Chicago Style
Cicero. "Rather leave the crime of the guilty unpunished than condemn the innocent." FixQuotes. January 18, 2026. https://fixquotes.com/quotes/rather-leave-the-crime-of-the-guilty-unpunished-9040/.
MLA Style (9th ed.)
"Rather leave the crime of the guilty unpunished than condemn the innocent." FixQuotes, 18 Jan. 2026, https://fixquotes.com/quotes/rather-leave-the-crime-of-the-guilty-unpunished-9040/. Accessed 21 Feb. 2026.









