It is safer to err on the gentler side or the side of mercy.

Explanation

(English-origin maxim.) When the law is doubtful, courts should err on the side of mercy — invoke this in sentencing arguments or where a harsh construction and a lenient one are equally plausible.

Where this applies

• A judge faces two equally plausible interpretations of a criminal statute — one that would imprison the defendant for ten years and one for two — and chooses the lighter sentence, erring on the side of mercy.
• A jury deliberates on whether a defendant's conduct amounts to manslaughter or murder; the court instructs them that when in doubt, they should find the lesser offense.
• A parole board considers a borderline case and grants early release, reasoning that where the evidence is ambiguous, the gentler course is the safer one.