Articles

Most people have heard of William Blackstone’s principle that it is better that many guilty people escape punishment than that a single innocent person be imprisoned, even if they haven’t heard of Blackstone himself. This ancient value underlies the presumption of innocence in our criminal law and many other cherished protections we pro ...

William Blackstone famously said “it is better that ten guilty persons escape than one innocent suffer.” Today, the criminal law honors that venerable principle by forbidding anyone from being criminally punished unless they commit an illegal act with a blameworthy state of mind. That’s why mens rea (or guilty mind) is an element ...