|
|
|
|
|
|
by godelski
2626 days ago
|
|
|
The thing I find sad about this is that Blackstone's Formulation[0] has been part of American common law for a long time (innocent until proven guilty). It was influential to founders like Franklin and Adams. It is clearly something we need to defend. Law isn't perfect, and we need to decide when it breaks down which mode of failure it has. Blackstone would say that it should fail that guilty people go free as opposed to failing and having innocent people have that freedom stripped from them (on the principle that freedom is such a valuable thing). [0] "it is better 100 guilty Persons should escape than that one innocent Person should suffer" (Franklin's rephrasing) |
|
|