Maxim 7.8.20
Punishments should rather be softened than aggravated.
Poenae potius molliendae quam exasperandae sunt.
Source: Bouvier's Law Dictionary; 3 Co. Inst. 220
Difficulty 1/5 — Foundational
Explanation
When doubt exists as to the proper measure of punishment, the law favors leniency over severity.
Where this applies
- The judge is deciding between a harsh and a lenient sentence — the law says lean toward leniency.
- When in doubt about how severely to punish, the court should err on the side of mercy.
Legal domains
Cite this maxim
NeCede Max. 7.8.20 — Punishments should rather be softened than aggravated. — Bouvier's Law Dictionary; 3 Co. Inst. 220 (Poenae potius molliendae quam exasperandae sunt.)
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