It is a common moral conviction that it is better to let many guilty people go

It is a common moral conviction that it is better to let many guilty people go

It is a common moral conviction that it is better to let many guilty people go free than to wrongly imprison a single innocent person. My understanding is that this principle underlies the presumption of innocence in criminal trials. I can see that this strikes us as profoundly right, but I'm not sure why. I mean, off the top of my head it seems fairly easy to refute it along a crudely utilitarian line: all we need is to suppose that the guilty parties are liable to do harm enough to outweigh the suffering of the wrongly imprisoned innocent party.

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