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100 Guilty Persons.

donald.keller
Posts: 3,709
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8/26/2013 11:09:17 PM
Posted: 3 years ago
I suppose this would be a good place for this. Either here or Society.

Benjamin Franklin said:
"It is better 100 guilty Persons should escape than that one innocent Person should suffer"

This is good and all, but I want to hear other perspective guarding Alexander Volokh's cited reply...
"Better for whom?"

What's your opinion regarding this reply? I slightly have an opinion, but not much more than that. I'd like to see this reply argued or defended.

(I decided not to go to bed... Sleep is for wieners).
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bladerunner060
Posts: 7,126
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8/26/2013 11:29:29 PM
Posted: 3 years ago
At 8/26/2013 11:09:17 PM, donald.keller wrote:
I suppose this would be a good place for this. Either here or Society.

Benjamin Franklin said:
"It is better 100 guilty Persons should escape than that one innocent Person should suffer"

This is good and all, but I want to hear other perspective guarding Alexander Volokh's cited reply...
"Better for whom?"

What's your opinion regarding this reply? I slightly have an opinion, but not much more than that. I'd like to see this reply argued or defended.

(I decided not to go to bed... Sleep is for wieners).

For the record, he didn't come up with it. It's known as Blackstone's Formulation...he just repeated it and gave it 100:1 instead of 10:1.

But I'd go with John Adams' thoughts on it:

"It is more important that innocence should be protected, than it is, that guilt be punished; for guilt and crimes are so frequent in this world, that all of them cannot be punished.... 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 were to take hold in the mind of the subject that would be the end of all security whatsoever"
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donald.keller
Posts: 3,709
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8/26/2013 11:36:34 PM
Posted: 3 years ago
At 8/26/2013 11:29:29 PM, bladerunner060 wrote:
At 8/26/2013 11:09:17 PM, donald.keller wrote:
I suppose this would be a good place for this. Either here or Society.

Benjamin Franklin said:
"It is better 100 guilty Persons should escape than that one innocent Person should suffer"

This is good and all, but I want to hear other perspective guarding Alexander Volokh's cited reply...
"Better for whom?"

What's your opinion regarding this reply? I slightly have an opinion, but not much more than that. I'd like to see this reply argued or defended.

(I decided not to go to bed... Sleep is for wieners).

For the record, he didn't come up with it. It's known as Blackstone's Formulation...he just repeated it and gave it 100:1 instead of 10:1.

But I'd go with John Adams' thoughts on it:

"It is more important that innocence should be protected, than it is, that guilt be punished; for guilt and crimes are so frequent in this world, that all of them cannot be punished.... 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 were to take hold in the mind of the subject that would be the end of all security whatsoever"

I know who wrote it, but I understand most people recall Ben, so he'd be the most recognizable.

Thanks. This clears it up more for me. I also though of how it's better for everyone because if the government could convict you without proving you were guilty, we would all live under a tyrannical government.
-- Don't forget to submit your unvoted debates to the Voter's Union --

OFFICIAL DK/TUF 2016 Platform: http://www.debate.org...

My Facebook Page: https://www.facebook.com...
#SaveThePresidency
#SaveTheSite

-- DK/TUF 2016 --
drhead
Posts: 1,475
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8/27/2013 12:33:20 AM
Posted: 3 years ago
At 8/26/2013 11:09:17 PM, donald.keller wrote:
I suppose this would be a good place for this. Either here or Society.

Benjamin Franklin said:
"It is better 100 guilty Persons should escape than that one innocent Person should suffer"

This is good and all, but I want to hear other perspective guarding Alexander Volokh's cited reply...
"Better for whom?"

What's your opinion regarding this reply? I slightly have an opinion, but not much more than that. I'd like to see this reply argued or defended.

(I decided not to go to bed... Sleep is for wieners).

This line of thinking is why I oppose the death penalty. I'd only support it (and by that I mean I would be indifferent to it) if the accused person is absolutely proven to have done something, and if it is done in the most humane way possible (nitrogen asphyxiation if possible).
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proglib
Posts: 391
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8/27/2013 6:45:07 AM
Posted: 3 years ago
At 8/26/2013 11:36:34 PM, donald.keller wrote:
At 8/26/2013 11:29:29 PM, bladerunner060 wrote:
At 8/26/2013 11:09:17 PM, donald.keller wrote:
I suppose this would be a good place for this. Either here or Society.

Benjamin Franklin said:
"It is better 100 guilty Persons should escape than that one innocent Person should suffer"

This is good and all, but I want to hear other perspective guarding Alexander Volokh's cited reply...
"Better for whom?"

What's your opinion regarding this reply? I slightly have an opinion, but not much more than that. I'd like to see this reply argued or defended.

(I decided not to go to bed... Sleep is for wieners).

For the record, he didn't come up with it. It's known as Blackstone's Formulation...he just repeated it and gave it 100:1 instead of 10:1.

But I'd go with John Adams' thoughts on it:

"It is more important that innocence should be protected, than it is, that guilt be punished; for guilt and crimes are so frequent in this world, that all of them cannot be punished.... 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 were to take hold in the mind of the subject that would be the end of all security whatsoever"

I know who wrote it, but I understand most people recall Ben, so he'd be the most recognizable.

Thanks. This clears it up more for me. I also though of how it's better for everyone because if the government could convict you without proving you were guilty, we would all live under a tyrannical government.

Very interesting topic!

And I'm pleased to be informed about why Franklin and others thought this to be true (via the Adams quote.)

Thanks!
"I would remind you that extremism in the defense of liberty is no vice.* And let me remind you also that moderation in the pursuit of justice is no virtue." Barry Goldwater
*Except in a democracy it might lose you an election.

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