A wrong, in capital cases, is excused or palliated, which would not be so treated in civil cases.

Explanation

Because life is at stake in capital matters, the law extends defenses and mitigating circumstances that would not avail in civil proceedings — the higher the penalty, the more liberal the construction in favor of the accused.

Where this applies

• A person facing the death penalty gets more defenses than someone facing a fine.
• In a capital case, the court should be more lenient with evidence and procedure.