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Benjamin Franklin

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That it is better 100 guilty Persons should escape than that one innocent Person should suffer, is a maxim that has been long and generally approved; never, that I know of, controverted.
--
Letter to Benjamin Vaughan, on Blackstone's Ratio (March 14, 1785)

 
Benjamin Franklin

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One would much rather that twenty guilty persons should escape the punishment of death, than that one innocent person should be condemned and suffer capitally.

 
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It is better that ten guilty persons escape, than that one innocent suffer.

 
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All judges had rather that ten innocent should suffer than that one guilty should escape.

 
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We find, in the rules laid down by the greatest English Judges, who have been the brightest of mankind; We are to look upon it as more beneficial, that many guilty persons should escape unpunished, than one innocent person should suffer. The reason is, because it’s of more importance to community, that innocence should be protected, than it is, that guilt should be punished; for guilt and crimes are so frequent in the world, that all of them cannot be punished; and many times they happen in such a manner, that it is not of much consequence to the public, whether they are punished or not. But when innocence itself, is brought to the bar and condemned, especially to die, the subject will exclaim, it is immaterial to me, whether I behave well or ill; for virtue itself, is no security. And if such a sentiment as this, should take place in the mind of the subject, there would be an end to all security what so ever.

 
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Just as the liar's punishment is, not in the least that he is not believed, but that he cannot believe any one else; so a guilty society can more easily be persuaded that any apparently innocent act is guilty than that any apparently guilty act is innocent.

 
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