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NeCede's

Maxim 7.8.34

He who spares the guilty punishes the innocent.

Source: Jenk. Cent. 133; Weisman, 92q Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) Failure to punish the guilty is itself an injury to the innocent — when wrongdoers go unpunished, their future victims bear the cost of the law's leniency.

Where this applies

  • A judge who lets a repeat offender off with a warning effectively punishes the offender's next victim, who could have been protected by proper sentencing.
  • A school that refuses to discipline a bully leaves the bullied children to suffer the consequences of the school's leniency.
  • A prosecutor who declines to charge a known drunk driver shares responsibility when that driver injures someone in a future accident.

Legal domains

Cite this maxim

NeCede Max. 7.8.34 — He who spares the guilty punishes the innocent. — Jenk. Cent. 133; Weisman, 92q

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