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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