410:. He suggests that "the guilty are liable to punishment, whereas the innocent are not" making the punishment of the innocent manifestly unjust, therefore the innocent should face no prospect of being punished; and Blackstone's Ratio is a means to this end. He has, however, criticised the fact that Blackstone's ratio offers a static burden of proof, wherein prosecuting someone facing trial for a $ 10 fine would require the same standard of evidence as prosecuting someone facing the death penalty—under Blackstone's ratio at least. He comments: "If the tolerance for wrongful convictions varied based on the punishment, it would more accurately track our—or at least my—moral intuitions", and suggests that the greater the consequence of a guilty verdict, the greater the standard of proof required.
22:
779:
salvation of the criminal! Let other nations think of retribution and the letter of the law, we will cling to the spirit and the meaning—the salvation and the reformation of the lost. If this is true, if Russia and her justice are such, she may go forward with good cheer! Do not try to scare us with your frenzied troikas from which all the nations stand aside in disgust. Not a runaway troika, but the stately chariot of Russia will move calmly and majestically to its goal. In your hands is the fate of my client, in your hands is the fate of
Russian justice. You will defend it, you will save it, you will prove that there are men to watch over it, that it is in good hands!”
137:
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.
103:
1257:
425:, China, in the 1930s: "Better to kill a hundred innocent people than let one truly guilty person go free"; and during uprisings in Vietnam in the 1950s: "Better to kill ten innocent people than let a guilty person escape." Similarly in Cambodia, Pol Pot's Khmer Rouge adopted a similar policy: "better arrest an innocent person than leave a guilty one free."
212:'s family, the aforementioned "righteous" among a city or overwhelming wickedness who, despite the overwhelming guilt of their fellows, were sufficient by their mere presence to warrant a "stay of execution" of sorts for the entire region, slated to be destroyed for being uniformly a place of sin. The text continues,
310:
the development of diagnostic testing in the 1920s. From a mathematical point of view, the Ratio is methodologically flawed, and once the Ratio lost its claim to the authority of mathematics, its usefulness declined. Today, its former role in justifying the policies of the criminal courts is primarily occupied by
453:
Volokh considers two criminal cases in which the defense told the jury "that no innocent person should be convicted and that it is better that many guilty go unpunished than one innocent person be convicted" as references to a
Blackstone's ratio with values of both "infinite" and "many" guilty men to
93:
in particular lays down two rules most prudent and necessary to be observed: 1. Never to convict a man for stealing the goods of a person unknown, merely because he will give no account how he came by them, unless an actual felony be proved of such goods; and, 2. Never to convict any person of murder
146:
The immediate precursors of
Blackstone's ratio in English law were articulations by Hale (about 100 years earlier) and Fortescue (about 300 years before that), both influential jurists in their time. Hale wrote: "for it is better five guilty persons should escape unpunished, than one innocent person
825:, and created and published in 1712 the first Russian military Code of Criminal Procedure, where in chapter 5 of paragraph 9 he wrote down this maxim: "it is better to free 10 guilty people than to sentence one innocent to death." He did it 48 years earlier than respected lawyer William Blackstone.
778:
st.847:“Better acquit ten guilty men than punish one innocent man! Do you hear, do you hear that majestic voice from the past century of our glorious history? It is not for an insignificant person like me to remind you that the
Russian court does not exist for the punishment only, but also for the
309:
and, like the Ratio, quantitative in a loose way. Thus the Ratio's rise "can be seen as a new kind of buttress of the law that was required in a new kind of society." He has explained its more recent decline as a reflection of a more sophisticated mathematical awareness in society, as reflected in
182:
as saying, "Avoid legal punishments as far as possible, and if there are any doubts in the case then use them, for it is better for a judge to err towards leniency than towards punishment". A similar expression reads, "Invoke doubtfulness in evidence during prosecution to avoid legal punishments".
136:
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,
186:
Other statements, some even older, which seem to express similar sentiments have been compiled by
Alexander Volokh. A vaguely similar principle, echoing the number ten and the idea that it would be preferable that many guilty people escape consequences than a few innocents suffer them, appears as
458:
The story is told of a
Chinese law professor, who listened as a British lawyer explained that Britons were so enlightened that they believed it was better that ninety-nine guilty men go free than that one innocent man be executed. The Chinese professor thought for a second and asked, "Better for
199:
Abraham drew near, and said, "Will you consume the righteous with the wicked? What if there are fifty righteous within the city? Will you consume and not spare the place for the fifty righteous who are in it? ... What if ten are found there?" He said, "I will not destroy it for the ten's sake."
98:
The phrase was absorbed by the
British legal system, becoming a maxim by the early 19th century. It was also absorbed into American common law, cited repeatedly by that country's Founding Fathers, later becoming a form of words drilled into law students all the way into the 21st century.
66:
The idea subsequently became a staple of legal thinking in jurisdictions with legal systems derived from
English criminal law and continues to be a topic of debate. There is also a long pre-history of similar sentiments going back centuries in a variety of legal traditions.
444:
custody. "I'm more concerned with bad guys who got out and released than I am with a few that in fact were innocent." Asked whether the 25% margin was too high, Cheney responded, "I have no problem as long as we achieve our objective. ... I'd do it again in a minute."
293:
in
English law had made similar statements previously, some kind of explanation is required for the enormous popularity and influence of the phrase across all the legal systems derived from English law in the wake of the publication of Blackstone's
269:
used a similar saying, although in French his thought is stated differently than in the English translation: "It is from him that the nations hold this great principle, thet it is better to risk saving a guilty man than to condemn an innocent man."
216:
Early the next morning Abraham got up and returned to the place where he had stood before the Lord. He looked down toward Sodom and Gomorrah, toward all the land of the plain, and he saw dense smoke rising from the land, like smoke from a furnace.
381:
Particularly in the United States, Blackstone's ratio continues to be an active source of debate in jurisprudence. For example Daniel Epps and Laura Appleman exchanged arguments against and in favour of its continuing influence in the
566:
G. Tim Aynesworth, An illogical truism, Austin Am.-Statesman, 18 April 1996, at A14. Specifically, it is "drilled into head over and over again." Hurley Green, Sr., Shifting Scenes, Chi. Independent Bull., 2 January 1997, at
158:
wrote that "the Exalted One has shut this door" against the use of presumptive evidence, for "it is better and more satisfactory to acquit a thousand guilty persons than to put a single innocent one to death."
928:
350:
Blackstone would have put the probability standard for proof "beyond a reasonable doubt" at somewhat more than 90%, for he declared: "It is better that ten guilty persons escape than one innocent suffer."
162:
Maimonides argued that executing an accused criminal on anything less than absolute certainty would progressively lead to convictions merely "according to the judge's caprice" and was expounding on both
1108:
301:
Cullerne Bown has argued that both the rise and fall in significance of the Ratio can be explained by the growing mathematisation of society. It rises to prominence at about the same time as
70:
In the United States, high courts in individual states continue to adopt specific numerical values for the ratio, often not 10:1. As of 2018, courts in 38 states had adopted such a position.
440:" against suspected terrorists was unchanged by the fact that 25% of CIA detainees subject to that treatment were later proven to be innocent, including one who died of hypothermia in
151:(c. 1470) states that "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."
89:
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. And Sir
94:
or manslaughter till at least the body be found dead; on account of two instances he mentions where persons were executed for the murder of others who were then alive but missing.
677:
220:
So when God destroyed the cities of the plain, he remembered Abraham, and he brought Lot out of the catastrophe that overthrew the cities where Lot had lived.
21:
232:
adapted Fortescue's statement and wrote, "It were better that Ten Suspected Witches should escape, than that one Innocent Person should be Condemned."
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an innocent one. He notes its importance in the inspiration of Western criminal law, but concludes by citing a question of its soundness:
81:
The phrase, repeated widely and usually in isolation, comes from a longer passage, the fourth in a series of five discussions of rules of
421:
personalities tend to take the opposite view. According to the Communist defector, Jung Chang, similar reasoning was deployed during the
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59:
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517:
278:
It has been claimed that the Ratio contains the message that government and the courts must err on the side of bringing in verdicts of
481:
437:
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referenced this principle while saying that it is not applicable to the context of preventing terrorist attacks. Former American
1261:
1127:
895:
Cullerne Bown, William (2023). "An epistemic theory of the criminal process, Part II: Packer, Posner and epistemic pressure".
478:, "whoever kills a person, unless it be for man-slaughter or for mischief in the land, it is as though he had killed all men."
1112:
681:
1098:
Henri Locard, Pol Pot's Little Red Book: The Sayings of Angkar Chang Mai (Chiang Mai: Silkworm Books, 2005), pp. 208-209.
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790:
422:
1276:
813:
The Russian lawyer Oleg Surmachev on his website provides information about the German lawyer from Reval (modern
486:
835:
Cullerne Bown, William (2018). "Killing Kaplanism: Flawed methodologies, the standard of proof and modernity".
402:
has supported the essence of Blackstone's ratio. He submits that punishing the innocent "violates notions of
245:, written in 1880, referred to the phrase "It is better to acquit ten guilty than to punish one innocent!" (
117:
stated it as: "it is better 100 guilty Persons should escape than that one innocent Person should suffer".
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9 Benjamin Franklin, Works 293 (1970), Letter from Benjamin Franklin to Benjamin Vaughan (14 March 1785)
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articulated the social principle of the greatest good for the greatest number, the starting point for
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168:
792:Постулат Кромпейна: "лутчее есть 10 винных освободить, нежели одного невиннаго к смерти приговорить"
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406:". He further defends this position by appealing to the liability principle, which is grounded in
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26:
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23:7 ("do not bring death on those who are innocent and in the right") and an Islamic text, the
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procedures, and "the percentage of innocent persons among the pool of charged defendants".
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Blackstone's principle influenced the nineteenth-century development of "beyond a
1200:
Epps, Daniel (9 February 2015). "The Consequences of Error in Criminal Justice".
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433:
363:
175:
82:
1180:
Lawson, Dominic (8 April 1995), "Notebook: The Voters Want Cash, Mr. Clarke",
155:
129:
999:"A Tragedy of Errors: Blackstone, Procedural Asymmetry, and Criminal Justice"
848:
754:"The Project Gutenberg eBook of The Brothers Karamazov by Fyodor Dostoyevsky"
817:), Ernst Friedrich Krompein, who, having been captured by Russian troops in
314:
Two Models theory, an expanded doctrine of rights, and arguments drawn from
279:
253:), which has existed in Russian legislation since 1712, during the reign of
540:
132:
also expanded upon the rationale behind Blackstone's Ratio when he stated:
1256:
49:
It is better that ten guilty persons escape than that one innocent suffer.
870:
260:
179:
1128:"Dick Cheney Simply Does Not Care That the CIA Tortured Innocent People"
1242:
814:
818:
587:"Founders Online: Adams' Argument for the Defense: 3–4 December 1770"
557:
Re Hobson, 1 Lew. C. C. 261, 168 Eng. Rep. 1034 (1831) (Holroyd, J.).
395:
375:
1234:
1022:"Wrongful Convictions, Wrongful Acquittals, and Blackstone's Ratio"
646:
Defending the human spirit: Jewish law's vision for a moral society
338:. Many commentators suggest that Blackstone's ratio determines the
251:"Лучше оправдать десять виновных, чем наказать одного невиновного!"
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101:
20:
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441:
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argues that this is too simplistic, ignoring such factors as
29:
located at Constitution Ave & 3rd St. NW, Washington, DC.
154:
Some 300 years before Fortescue, the Jewish legal theorist
678:"Exegesis of Sunan at-Tirmidhi – the Book of Punishments"
109:'s version of Blackstone's ratio is very commonly quoted
1160:, 11 So. 2d 756,758 (Ala. 1943).;
941:
Pi, Daniel; Parisi, Francesco; Luppi, Barbara (2020).
1166:, 11 So. 2d 732,733 (Ala. 1943)..
1109:"Schäuble: Zur Not auch gegen Unschuldige vorgehen"
1048:"Is it Constitutional to Punish Innocent People?"
837:The International Journal of Evidence & Proof
789:Surmachov, Oleg Grigor'yevich (6 February 2021).
224:Similarly, on 3 October 1692, while decrying the
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348:
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197:
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113:Other commentators have echoed the principle.
740:"Cases of Conscience Concerning Evil Spirits"
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611:
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630:, 269–271 (Charles B. Chavel trans., 1967).
436:said that his support of American use of "
124:charged with murder for their role in the
821:in 1710, began to serve the interests of
520:. J.B. Lippincott Co., Philadelphia, 1893
927:, 458 F.Supp. 388, 411 (
41:(more recently referred to sometimes as
997:Appleman, Laura I. (10 February 2015).
509:
282:, and that this has remained constant.
16:1760s legal maxim by William Blackstone
1175:
1151:
1126:Bankoff, Caroline (14 December 2014).
1046:Shapiro, David M (11 September 2019).
1029:Australian Journal of Legal Philosophy
953:(2). Social Science Research Network.
931: 1978).; cited in Epps 2015 p.1145
615:
322:In current jurisprudential scholarship
1223:University of Pennsylvania Law Review
518:"Commentaries on the laws of England"
142:Historic expressions of the principle
7:
342:of the burden of proof; for example
1213:Volokh, Alexander (November 1997).
539:Pi D, Parisi F and Luppi B (2018).
474:, the fifth chapter (sūrah) of the
204:With respect to the destruction of
60:Commentaries on the Laws of England
53:as expressed by the English jurist
14:
1072:Short, Philip (8 February 2005).
482:False positive and false negative
438:enhanced interrogation techniques
1255:
1078:. Macmillan. pp. 299, 496.
729:World English Bible (draft form)
717:World English Bible (draft form)
705:World English Bible (draft form)
628:The Commandments, Neg. Comm. 290
1075:Pol Pot: Anatomy of a Nightmare
274:Evolving significance over time
943:"Quantifying Reasonable Doubt"
756:. 5 April 2023. Archived from
541:"Quantifying reasonable doubt"
1:
947:Rutgers University Law Review
680:. 24 May 2015. Archived from
358:advocate formalizing this in
871:"Quantitative Jurisprudence"
73:
1292:Works by William Blackstone
1308:
875:Quantitative Jurisprudence
187:early as the narrative of
63:, published in the 1760s.
897:Law, Probability and Risk
649:. Feldheim. p. 269.
487:Type I and type II errors
250:
149:De Laudibus Legum Angliae
147:should die." Fortescue's
1182:Daily Telegraph (London)
1052:MacArthur Justice Center
1003:Harvard Law Review Forum
849:10.1177/1365712718798387
791:
43:Blackstone's formulation
1287:Criminal justice ethics
1020:Allhoff, Fritz (2018).
978:Epps 2015 pp.1074, 1145
924:United States v. Fatico
263:in 1748 in the work of
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414:Viewpoints in politics
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242:The Brothers Karamazov
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1264:at Wikimedia Commons
591:founders.archives.gov
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449:Other considerations
423:uprisings in Jiangxi
57:in his seminal work
45:) is the idea that:
742:. 1693. p. 66.
340:confidence interval
312:Herbert L. Packer's
235:The Russian writer
1282:Ethical principles
1262:Blackstone's ratio
1202:Harvard Law Review
626:Moses Maimonides,
385:Harvard Law Review
291:Sir John Fortescue
226:Salem witch trials
189:Sodom and Gomorrah
111:
55:William Blackstone
39:Blackstone's ratio
31:
27:William Blackstone
1260:Media related to
1163:Robinson v. State
1085:978-0-8050-6662-3
656:978-1-58330-732-8
641:Goldstein, Warren
427:Wolfgang Schäuble
360:jury instructions
344:Jack B. Weinstein
316:law and economics
237:Fyodor Dostoevsky
169:Jami' al-Tirmidhi
115:Benjamin Franklin
107:Benjamin Franklin
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370:behaviour,
364:Daniel Epps
362:. However,
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176:Al-Tirmidhi
83:presumption
1271:Categories
662:22 October
596:3 February
547:. 3226479.
499:References
471:Al-Ma'idah
156:Maimonides
130:John Adams
120:Defending
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987:Epps 2015
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504:Citations
388:in 2015.
330:" as the
280:innocence
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643:(2006).
464:See also
261:Voltaire
180:Muhammad
1243:3312707
1194:Sources
959:3226479
823:Peter I
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376:appeals
346:wrote:
247:Russian
193:Genesis
178:quotes
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459:whom?"
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356:et al.
165:Exodus
1239:JSTOR
1025:(PDF)
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494:Notes
476:Quran
396:moral
392:Legal
266:Zadig
259:Even
206:Sodom
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1080:ISBN
1059:2022
966:2020
955:SSRN
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