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NeCede's

Maxim 8.8.11

In doubt, always prefer the safer course.

In dubio, semper id quod tutius est praeferendum.

Source: Branch, Princ.; 2 Hale, P.C. 290; Broom, Max. 326 Difficulty 2/5 — Approachable

Explanation

When the court is uncertain, it is always safer to err on the side of mercy and acquittal than on the side of punishment — doubt favors the accused.

Where this applies

  • The evidence is ambiguous — the court should side with the defendant.
  • When there's genuine doubt, the safer course is to rule in favor of the accused.

Legal domains

criminalprocedural

See also

Cite this maxim

NeCede Max. 8.8.11 — In doubt, always prefer the safer course. — Branch, Princ.; 2 Hale, P.C. 290; Broom, Max. 326 (In dubio, semper id quod tutius est praeferendum.)

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