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Thread: Blackstone's Ratio; “Better than n guilty men go free than one innocent punished."

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    Blackstone's Ratio; “Better than n guilty men go free than one innocent punished."

    In criminal law, Blackstone's formulation (also known as Blackstone's ratio or the Blackstone ratio) is the principle that: "It is better that ten guilty persons escape than that one innocent suffer",...as expressed by the English jurist William Blackstone in his seminal work, Commentaries on the Laws of England, published in the 1760s.
    As they say, “Better than n guilty men go free than one innocent man be punished.” See also 146 U. Pa. L. Rev. 173 (1997). But how do you figure out what value of n you think the legal system should adopt? Easy — just do this set of hypotheticals:
    'n guilty men in action' By Sasha Volokh on November 20, 2013 5:13 pm http://www.volokh.com/2013/11/20/n-g...men-in-action/

    Judge Rules Criminal Defendant Can Blame Identical Twin In Sex Assault Case http://networkedblogs.com/Rhlpm
    Jonathan Turley comments: I fail to see how the court could come to any other conclusion if another man has the identical DNA as the defendant. I have long been critical of the increasing micromanagement of trials by judges who now routinely bar defenses and theories that they find unpersuasive or unsupportable. The result is that defendants are sometimes denied the defense that they wish to make to a jury — the actual claim of innocence that they cite as the reason why they are not felons. The fact that prosecutors wanted to bar this defense shows their expectation that they can tailor criminal defenses and limit what the defendant can allege as the basis for his innocence.

    Turley is, of course, absolutely correct here, as is the Judge’s decision. While Judges do have some authority to bar criminal defendants, and the prosecution, from presenting theories of the case that are unsupported by the evidence, it’s clear that this isn’t the case here

    Judge Rules Criminal Defendant Can Blame Identical Twin In Sex Assault Case http://networkedblogs.com/Rhlpm
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    Regular Member sudden valley gunner's Avatar
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    Well now days, they feel it's better to throw out a wide net and catch as many fish as possible if the innocent have to pay a high price, oh well.
    I am not anti Cop I am just pro Citizen.

    U.S. v. Minker, 350 US 179, at page 187
    "Because of what appears to be a lawful command on the surface, many citizens, because
    of their respect for what only appears to be a law, are cunningly coerced into waiving their
    rights, due to ignorance." (Paraphrased)

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