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NeCede's

Maxim 7.1.26

Facility of pardon is an incentive to crime.

Source: 4 Coke, 45; 3 Inst. 236; Weisman, 26m Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) Easy pardons encourage crime — when offenders expect clemency, the deterrent force of the law is destroyed and lawlessness increases.

Where this applies

  • A governor pardons every drug offender in the state, and drug arrests triple the following year because dealers no longer fear consequences.
  • A school that never enforces its cheating policy finds that nearly every student starts copying homework.
  • A judge who routinely suspends sentences for repeat drunk drivers sees the same offenders back in court within months.

Legal domains

Cite this maxim

NeCede Max. 7.1.26 — Facility of pardon is an incentive to crime. — 4 Coke, 45; 3 Inst. 236; Weisman, 26m

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