Understanding Tutius Semper Est Errare In Acquietando: A Legal Perspective
Definition & meaning
The phrase "tutius semper est errare in acquietando, quam in puniendo; ex parte misericordiae quam ex parte justitiae" translates to "it is always safer to err on the side of acquitting than on the side of punishing; on the side of mercy rather than on the side of justice." This legal maxim emphasizes the importance of prioritizing mercy and caution in legal judgments, particularly in criminal law. It suggests that making a mistake by letting someone go free is preferable to wrongly punishing an innocent person.
Legal use & context
This maxim is primarily used in criminal law, where the stakes of punishment are high. It serves as a guiding principle for judges and juries, advocating for the protection of individual rights and the presumption of innocence. Legal professionals often reference this maxim when discussing the balance between justice and mercy, especially in cases involving serious charges. Users can find legal templates related to criminal defense and acquittal processes on platforms like US Legal Forms.
Real-world examples
Here are a couple of examples of abatement:
In a criminal trial, if a jury is unsure about the guilt of the defendant, they may choose to acquit rather than risk convicting an innocent person. This reflects the principle of erring on the side of acquitting.
(hypothetical example) In a case where a defendant is accused of theft but presents a strong alibi, the jury may decide to acquit based on reasonable doubt, aligning with the maxim of prioritizing mercy over punishment.