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Mike Sanders
Which is the bigger crime, prosecuting an innocent person, or freeing a guilty person?
Having watched 'The Verdict' on BBC 2 last night, I've found myself asking which would be the bigger crime...

my personal opinion was generally that of the concensus of the jury, unsure so not guilty.

So the question has to be asked, is it worse to jail someone innocent or to free someone guilty of a crime.
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A lot of people say that prosecuting the innocent is worse with the artgument that a guilty person will probably re-offend and be caught that way...

Although please note that in current law, a person CANNOT have previous convictions noted against him during a trial incase his previous 'form' may sway the jury.



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greagues2
It is not the prosecution that matters, so much as the possible conviction or aqqital. Recall Cases Like the Guilford Four and many more and there you have your answer.
The old saying is: Better that one thousand guilty men go free than 'one' innocent person be sent to prison - or the gallows?.
It's a pity that so many of their 'Lordships' overlook this little saying.

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peggy*moo
Rating
Jailing an innocent person is worse in my view. Our entire justice system is based on the idea of 'innocent until proven guilty' and the fact that that proof has to be 'beyond a reasonable doubt', so if a jury is unsure then they should always acquit. It is of course a terrible thing for a guilty person to escape punishment, but to take away the liberty of someone innocent is much worse. There is always the hope that you might be able to convict the guilty person on another crime if they re-offend, but if you take away years, months, or even just days, of an innocent person's life, you can never give that back.

I haven't yet watched 'The Verdict', but it clearly provides food for thought and raises interesting questions, so I think I will give it a look.

Good question by the way.

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?
Rating
Good Question , Yes I did watch "The Verdict" last Night ---- I would feel that to Jail an Innocent Person would be the worst of all Evils --- But to release a Guilty Person surely depends on Many Factors , ????

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<B.T>
Rating
I'm an Indian.In India there is a proverb,

thousand criminals can escape,but never should an innocent should be punished.

we can leave even 1000 criminals to escape but nowhere should one innocent be prosecuted.

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Hannah
Prosecuting an innocent person. A guilty person can always change but if you lock up someone who hasn't done anything, they'll just come out hating you more..

(and which idiot is thumbs-downing all the answers?)

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mattapan26
English/American criminal law requires that the prosecution prove the defendant's guilt beyond a reasonable doubt. To win in a civil trial, the plaintiff need only prove by the preponderance of the evidence, meaning that on balance the plaintiff is more than 50% likely to be right. A famous example is OJ Simpson. The criminal jury determined that there was a reasonable doubt that he was guilty of murder or manslaughter. The civil jury determined that it was more likely than not that he unlawfully caused the deaths of his wife and her friend. The general opinion was that race is what freed OJ, and that may be so, but it illustrates the differences in the burden of proof between a criminal case and a civil case.

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rab333
Rating
I believe that jailing the innocent is the far greater crime.

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MonkeyLab
Individually - they are both as harsh as each other.

But if you are jailing an innocent person for the crime of another individual, that could be seen as worse than just simply freeing a guilty person.

This allows the law to stop searching for the true guilty person and allow that individual to continue to do what they did before without any hesitation and depending on the crime - add another vicitim to their belt.

Actually, to be put behind bars for a crime you didn't commit... is probably worse the more I think about it... Thats not even thinking about the death penatly...

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livinia
definitly jailing the innocent

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Misshopeful
I suppose prosecuting an innocent person. Difficult question :)

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richardwales79
FREEING A GUILTY PERSON BECAUSE THEY CAN COMMIT MORE CRIME

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ann
jail someone Innocent

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Trixi
Rating
The bigger crime would be to jail an innocent person but to let a guilty person go free is also a big crime because there is no justice!

A leopard never changes it's spots, so he/she will commit a crime again, hopefully the evidence will be sufficient to keep them in jail.

Karma always comes back to bite you in the *ss!!

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the_immortal89
Jailing an innocent person is the bigger crime, if you are a accused of some horrific crime and only you know that you truthfully didn't do it- it would just mess up your life

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ashitmafinger
the first

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Ian L
Prosecuting an innocent person. You can now be re arrested and tried if new evidence becomes available. So that tips the see saw for me

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slew
Jailing the Innocent. Its ingrained in THe US judicial system. We believe in freeing 10 guilty man before jailing an innocent. I agree. If the man is guilty he is most likely to commit more crime, and we can get them then. we can't undo the damage of torturing an innocent.

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™ ♥♥♥
pros a Innocent person is the worst

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Paddy B
Neither is a crime.

To "prosecute" an innocent person happens all the time. To "convict" an innocent person is hopefully rare, but it happens and it is deplorable. But man is fallible and mistakes happen. You do all you can to avoid the conviction of the innocent, but regrettably it cannot be completely avoided. (This, incidentally, is the clinching argument against capital punishment. If you imprison somebody wrongly found guilty of a crime and you eventually you find out the truth then you can release them. You can't bring back the dead!).

The converse of convicting an innocent person is not convicting a guilty one. Again it happens and is regrettable. But in the English system (and many other in civilised countries) there is a PRESUMPTION of innocence. Anyone on trial is presumed innocent until proved guilty. It is the prosecution's task to establish that proof "beyond reasonable doubt". If they fail to do this then the accused is cleared. So mistakes can happen.

My own view is that the wrongful conviction of the innocent is more deplorable than the wrongful acquittal of the guilty. But both are to be regretted, of course.

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boots&hank
Putting myself in that situation, the helpless feeling of knowing you're innocent and having tried to prove it and failed and then being jailed... It's much worse. The thing is, most people ''guilty but freed'' will almost certainly commit another crime and eventually be caught. We talk about how soft our jails our (in the States, that is) and how ''good'' the prisoners have it, but the reality is that prison is prison and you have had your freedom taken away from you.

I've just read John Grisham's "The Innocent Man" (a 'true crime' story about several people wrongly convicted and imprisoned for crimes they didn't commit). Committing a crime is serious; so is taking away another person's freedom. I believe the greater of the 2 mistakes that you mention is prosecuting an innocent person.

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freebird
The criminal justice system is based on the idea that it is better to let the guilty go free than to convict the innocent. That's why juries have to be convinced beyond reasonable doubt of the accused's guilt. Personally, I agree with this concept as I think incarerating the innocent to be worse.

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de bossy one
prosecuting an innocent person, when the prosecution knows the person is innocent, is known as malicious prosecution. a prosecutor can lose his liscence if it is determined he knew the truth and prosecuted anyway. but it is better that a guilty man go free , than an innocent be imprisoned wrogfully. unfortunately, it happens all to often. lack of good representation usually includes getting convicted fror something another person did.

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Heathcliff
prosecuting the innocent, the prison is full as it is and they are running out of room

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Rob
prosecuting an innocent person

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zay2drive
Rating
i would say jailing the innocent becuase they are getting totured for something they havnt done being seperated from their family in acuse i mean the guilty being freed is also bad because they go out in the world for nothing to cause for coruption? but innocent being prosecuted is much worse i think well i know

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Matt H
there is no question to me, putting an Innocent person in prison or even putting them to death is a far greater injustice than letting the guilty go free... our system of justice is setup to favor the defendant, Innocent until proven guilty is the way it is suppose to be, although it rarely is in practice... it would be better to let 10 murders go free than to put an Innocent man to death, put yourself in the Innocent mans shoes, spend the rest of your life in prison with everyone thinking you are evil, even your own family.. now if someone killed someone in my family and they were let free, even that is better than them putting the wrong man to death, i may go kill the guilty man myself and face the consequences but the Innocent should never suffer in the name of justice

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ian r
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Jailing someone who is innocent is a far bigger crime.

A freed guilty person has the opportunity to get himself back into jail.

A Jailed innocent person does not have any opporunities for anything.

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Direktor
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Prosecuting an innocent person...............

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itry007
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Wow. What a question. I'd have to say jail an innocent.

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SARcasm,RN
jailing the innocent

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So_many_questions
I would say jailing someone innocent. There is a chance that the guilty person has changed their life, repented, etc. There are numerous situations where you can be justified in freeing a person who commited a crime, but I can't think of one for jailing someone who is truly innocent.

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