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"Punishments of unreasonable severity, especially where indiscriminately afflicted, have less effect in preventing crimes, and amending the manners of a people, than such as are more merciful in general, yet properly intermixed with due distinctions of severity."
BROKEN JUSTICE SYSTEM = BROKEN FAMILIES = DISTRUST IN POLICE = MORE CRIME = NO RESPECT FOR LAW AND ORDER
Blackstone was a good judge but a better commentator. The Commentaries is a systematic, clear, and elegant description of the state of English law in the middle of the 18th century. It had an immediate and outstanding success. In England and America the Commentaries became the basis of university legal education. (Encyclopedia Britanica)
Defending British soldiers charged with murder for their role in the Boston Massacre, John Adams also expanded upon the rationale behind Blackstone's Ratio(Formulation) when he stated:
"We find, in the rules laid down by the greatest English Judges, who have been the brightest of mankind; We are to look upon it as more beneficial, that many guilty persons should escape unpunished, than one innocent person should suffer. The reason is, because itβs of more importance to community, that innocence should be protected, than it is, that guilt should be punished; for guilt and crimes are so frequent in the world, that all of them cannot be punished; and many times they happen in such a manner, that it is not of much consequence to the public, whether they are punished or not. But when innocence itself, is brought to the bar and condemned, especially to die, the subject will exclaim, it is immaterial to me, whether I behave well or ill; for virtue itself, is no security. And if such a sentiment as this, should take place in the mind of the subject, there would be an end to all security what so ever."
BROKEN JUSTICE SYSTEM = BROKEN FAMILIES = DISTRUST IN POLICE = MORE CRIME = NO RESPECT FOR LAW AND ORDER
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