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NeCede's

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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