...Punishments, is the following sentence* : Another maxim which deserves examination, is this : — " That it is better that ten guilty persons escape, than that one innocent man should suffer." If by saying it is better, be meant that it is more Jor the public advantage, the...

...Punishments, is the following sentence*: Another maxim which deserves examination, is this : — " Thai it is better that ten guilty persons escape, than that one innocent man should suffer." If by saying it is belter, be meant thai it is more for the public advantage, the...

...confronted with opposite probabilities. The other maxim which deserves a similar examination is this : — " That it is better that ten guilty persons escape, than that one innocent man should suffer." If by saying it is better, be meant that it is more for the public advantage, the...

...4 Com. 359, that all presumptive evidence of felony should be admitted cautiously, for the Uw holds that it is better that ten guilty persons escape, than that one innocent goffer. The following case on this subject was cited by Garrow, argvmdo, in Hindmarsh's case, 2 Leach,...

...mercy and acquittal." It is a dictate of humanity and of sound reason, as well as a rule of the courts, that it is better that ten guilty persons escape, than that one innocent person should suffar. The foundations of justice are more endangered by a too rigorous enforcement,...

...each separate fact necessary to constitute the prisoner's guilt must be proven; for the Law holds, that it is better that ten guilty persons escape than that one innocent man should suffer. "Fourth. To authorize the Jury to convict on circumstantial evidence, it must appear...

...criminal cases ; and the law so imperatively demands proof of guilt, that it holds, says Sir William Blackstone, " that it is better that ten guilty persons escape than that one innocent suffer"(a). This proposition has been contested by Archdeacon Paley. " If by better," he says(i), "...

...witness. Fifthly, 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 Matthew Hale in particular lays down two rules most prudent and necessary to be observed: 1....

...estimate by any numerical comparison ; but, in general terms, it is very much. Blackstone puts it " that it is better that ten guilty persons escape, than that one innocent suffer " ; and he says, that thus " the law holds." 2 It is plain, however, that, in the nature of things,...

...fact, however, must not be inferred without premises that will warrant the inference, for the law holds t the same, or whereby the same may destroy or inflict grievous bodily h person suffer. If, however, no fact could thus be ascertained by inference, in a court of law, very...